THE INDIAN SUCCESSION ACT, 1925 

_________ 

ARRANGEMENT OF SECTIONS 
_________ 

PART I 

PRELIMINARY 

SECTIONS 

1. Short title. 

2. Definitions. 

3. Power of State Government to exempt any race, sect or tribe in the State from operation of Act. 

PART II  
OF DOMICILE 

4. Application of Part. 

5. Law regulating succession to deceased person’s immoveable and moveable property, respectively. 

6. One domicile only affects succession to moveables. 

7. Domicile of origin of person of legitimate birth. 

8. Domicile of origin of illegitimate child. 

9. Continuance of domicile of origin. 

10. Acquisition of new domicile. 

11. Special mode of acquiring domicile in India. 

12.  Domicile  not  acquired  by  residence  as  representative  of  foreign  Government,  or  as  part  of  his 

family. 

13. Continuance of new domicile. 

14. Minor’s domicile. 

15. Domicile acquired by woman on marriage. 

16. Wife’s domicile during marriage. 

17. Minor’s acquisition of new domicile. 

18. Lunatic’s acquisition of new domicile. 

19. Succession to moveable property in India in absence of proof of domicile elsewhere. 

PART III 

MARRIAGE 

20. Interests and powers not acquired nor lost by marriage. 

21. Effect of marriage between person domiciled and one not domiciled in India. 

22. Settlement of minor’s property in contemplation of marriage. 

23. Application of Part. 

24. Kindred or consanguinity. 

25. Lineal consanguinity. 

PART IV 

OF CONSANGUINITY 

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26. Collateral consanguinity. 

27. Persons held for purpose of succession to be similarly related to deceased. 

28. Mode of computing of degrees of kindred. 

PART V  

INTESTATE SUCCESSION 

CHAPTER I.—Preliminary 

29. Application of Part. 

30. As to what property deceased considered to have died intestate. 

CHAPTER II.—Rules in cases of Intestates other than Parsis 

31. Chapter not to apply to Parsis. 

32. Devolution of such property. 

33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and 

no kindred. 

33A. Special provision where intestate has left widow and no lineal descendants. 

34. Where intestate has left no widow, and where he has left no kindred. 

35. Rights of widower. 

Distribution where there are lineal descendants 

36. Rules of distribution. 

37. Where intestate has left child or children only. 

38. Where intestate has left no child, but grandchild or grandchildren. 

39. Where intestate has left only great-grandchildren or remoter lineal descendants. 

40.  Where  intestate  leaves  lineal  descendants  not  all  in  same  degree  of  kindred  to  him,  and  those 

through whom the more remote are descended are dead. 

Distribution where there are no lineal descendants 

41. Rules of distribution where intestate has left no lineal descendants. 

42. Where intestate’s father living. 

43. Where intestate’s father dead, but his mother, brothers and sisters living. 

44.  Where  intestate’s  father  dead  and  his  mother,  a  brother  or  sister,  and  children  of  any  deceased 

brother or sister, living. 

45. Where intestate’s father dead and his mother and children of any deceased brother or sister living. 

46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece. 

47. Where intestate has left neither lineal descendant, nor father, nor mother. 

48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister. 

49. Children’s advancements not brought into hotchpot. 

CHAPTERIII.—Special Rules for Parsi Intestates 

50. General principles relating to intestate succession. 

51. Division of intestate’s property among widow, widower, children and parents. 

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53. Division of share of predeceased child of intestate leaving lineal descendants. 

54. Division of property where intestate leaves no lineal descendant but leaves a widow or widower 

or a widow or widower of any lineal descendant. 

55.  Division  of  property  where intestate  leaves  neither  lineal  descendants  nor a widow  or  widower 

nor a widow or widower of any lineal descendant. 

56. Division of property where there is no relative entitled to succeed under the other provisions of 

this Chapter. 

PART VI 

TESTAMENTARY SUCCESSION 

CHAPTER I.—Introductory 

57. Application of certain provisions of Part to a class of wills made by Hindus, etc. 

58. General application of Part. 

CHAPTER II—Of Wills and Codicils 

59. Person capable of making wills. 

60. Testamentary guardian. 

61. Will obtained by fraud, coercion or importunity. 

62. Will may be revoked or altered. 

CHAPTER III.—Of the Execution of unprivileged Wills 

63. Execution of unprivileged wills. 

64. Incorporation of papers by reference. 

CHAPTER IV.—Of privileged Wills 

65. Privileged wills. 

66. Mode of making, and rules for executing, privileged wills. 

CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills 

67. Effect of gift to attesting witness. 

68. Witness not disqualified by interest or by being executor. 

69. Revocation of will by testator’s marriage. 

70. Revocation of unprivileged will or codicil. 

71. Effect of obliteration, interlineation or alteration in unprivileged will. 

72. Revocation of privileged will or codicil. 

73. Revival of unprivileged will. 

CHAPTER VI.—Of the construction of Wills 

74. Wording of wills. 

75. Inquiries to determine questions as to object or subject of will. 

76. Misnomer or misdescription of object. 

77. When words may be supplied. 

78. Rejection of erroneous particulars in description of subject. 

79. When part of description may not be rejected as erroneous. 

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80. Extrinsic evidence admissible in cases of patent ambiguity. 

81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency. 

82. Meaning or clause to be collected from entire Will. 

83. When words may be understood in restricted sense, and when in sense wider than usual. 

84. Which of two possible constructions preferred. 

85. No part rejected, if it can be reasonably construed. 

86. Interpretation of words repeated in different parts of will. 

87. Testator’s intention to be effectuated as far as possible. 

88. The last of two inconsistent clauses prevails. 

89. Will or bequest void for uncertainty. 

90. Words describing subject refer to property answering description at testator’s death. 

91. Power of appointment executed by general bequest. 

92. Implied gift to objects of power in default of appointment. 

93. Bequest to “heirs,” etc., of particular person without qualifying terms. 

94. Bequest to “representatives”, etc., of particular person. 

95. Bequest without words of limitation. 

96. Bequest in alternative. 

97. Effect of words describing a class added to bequest to person. 

98. Bequest to class of persons under general description only. 

99. Construction of terms. 

100. Words expressing relationship denote only legitimate relatives or failing such relatives reputed 

legitimate. 

101. Rules of construction where will purports to make two bequests to same person. 

102. Constitution of residuary legatee. 

103. Property to which residuary legatee entitled. 

104. Time of vesting legacy in general terms. 

105. In what case legacy lapses. 

106. Legacy does not lapse if one of two joint legatees die before testator. 

107. Effect of words showing testator’s intention to give distinct shares. 

108. When lapsed share goes as undisposed of. 

109.  When  bequest  to  testator’s  child  or  lineal  descendant  does  not lapse  on  his  death in  testator’s 

lifetime. 

110. Bequest to A for benefit of B does not lapse by A’s death. 

111. Survivorship in case of bequest to described class. 

CHAPTER VII.—Of void Bequests 

112. Bequest to person by particular description, who is not in existence at testator’s death. 

113. Bequest to person not in existence at testator’s death subject to prior bequest. 

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114. Rule against perpetuity. 

115. Bequest to a class some of whom may come under rules in sections 113 and 114. 

116. Bequest to take effect on failure of prior bequest. 

117. Effect of direction for accumulation. 

118. Bequest to religious or charitable uses. 

CHAPTER VIII.—Of the vesting of Legacies 

119. Date of vesting of legacy when payment or possession postponed. 

120. Date of vesting when legacy contingent upon specified uncertain event. 

121. Vesting of interest in bequest to such members of a class as shall have attained particular age. 

122. Onerous bequests. 

CHAPTER IX.—Of Onerous Bequests 

123.  One  of  two  separate  and  independent  bequests  to  same  person  may  be  accepted,  and  other 

refused. 

CHAPTER X.—Of Contingent Bequests 

124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence. 

125. Bequest to such of certain persons as shall be surviving at some period not specified. 

CHAPTER XI.—Of Conditional Bequests 

126. Bequest upon impossible condition. 

127. Bequest upon illegal or immoral condition. 

128. Fulfilment of condition precedent to vesting of legacy. 

129. Bequest to A and on failure of prior bequest to B. 

130. When second bequest not to take effect on failure of first. 

131. Bequest over, conditional upon happening or not happening of specified uncertain event. 

132. Condition must be strictly fulfilled. 

133. Original bequest not affected by invalidity of second. 

134.  Bequest  conditioned  that  it  shall  cease  to  have  effect  in  case  a  specified  uncertain  event  shall 

happen, or not happen. 

135. Such condition must not be invalid under section 120. 

136.  Result  of  legatee  rendering  impossible  or  indefinitely  postponing  act  for  which  no  time 

specified, and on non-performance of which subject-matter to go over. 

137. Performance of condition, precedent or subsequent, within specified time. Further time In case 

of fraud. 

CHAPTER XII.—Of Bequests with Directions as to Application or Enjoyment 

138. Direction that fund be employed in particular manner following absolute bequest of same to or 

for benefit of any person. 

139.  Direction  that  mode  of  enjoyment  of  absolute  bequest  is  to  be  restricted,  to  secure  specified 

benefit for legatee. 

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140. Bequest of fund for certain purposes, some of which cannot be fulfilled. 

CHAPTER XIII.—Of Bequests to an Executor 

141. Legatee named as executor cannot take unless be shows intention to act as executor. 

CHAPTER XIV.—Of Specific Legacies 

142. Specific legacy defined. 

143. Bequest of certain sum where stocks, etc., in which invested are described. 

144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same 

kind. 

145. Bequest of money where not payable until part of testator’s property disposed of in certain way. 

146. When enumerated articles not deemed specifically bequeathed. 

147. Retention, in form, of specific bequest to several persons in succession. 

148. Sale and investment of proceeds of property bequeathed to two or more persons in succession. 

149. Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies. 

150. Demonstrative legacy defined. 

CHAPTER XV.—Of Demonstrative Legacies 

151. Order of payment when legacy directed to be paid out of fund the subject of specific legacy. 

CHAPTER XVI.—Of Ademption of Legacies 

152. Ademption explained. 

153. Non-ademption of demonstrative legacy. 

154. Ademption of specific bequest of right to receive something from third party. 

155. Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed. 

156.  Ademptionpro  tanto  by  testator’s  receipt  of  portion  of  entire  fund  of  which  portion  has  been 

specically bequeathed. 

157.  Order  of  payment  where  portion  of  fund  specifically  bequeathed  to  one  legatee,  and  legacy 
charged  on  same  fund  to  another,  and, testator  having  received  portion  of  that fund,  remainder 
insufficient to pay both legacies. 

158. Ademption where stock, specifically bequeathed, does not exist at testator’s death. 

159. Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's death. 

160.  Non-ademption  of  specific  bequest  of  goods  described  as  connected  with  certain  place,  by 

reason of removal. 

161. When removal of thing bequeathed does not constitute ademption. 

162. When thing bequeathed is a valuable to be received by testator from third person; and testator 

himself, or his representative, receives it. 

163.  Change  by  operation  of  law  of  subject  of  specific  bequest  between  date  of  will  and  testator’s 

death. 

164. Change of subject without testator’s knowledge. 

165. Stock specifically bequeathed lent to third party on condition that it be replaced. 

166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death. 

167. Non-liability of executor to exonerate specific legatees. 

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168. Compeletion of testator’s title to things bequeathed to be at cost of his estate. 

169.  Exoneration  of  legatee’s  immoveable  property  for  which  land-revenue  or  rent  payable 

periodically. 

170. Exoneration of specific legatee’s stock in joint-stock company. 

CHAPTER XVIII.—Of Bequests of Things described in General Terms 

171. Bequest of thing described in general terms. 

CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund 

172. Bequest of interest or produce of fund. 

CHAPTER XX.—Of Bequests of Annuities 

173. Annuity created by will payable for life only unless contrary intention appears by will. 

174. Period of vesting where will directs that annuity be provided out of proceeds of property, or out 

of property generally, or where money bequeathed to be invested in purchase of annuity. 

175. Abatement of annuity. 

176. Where gift of annuity and residuary gift, whole annuity to be first satisfied. 

CHAPTER XXI.—Of Legacies to creditors and Portioners 

177. Creditor prima facie entitled to legacy as well as debt. 

178. Child prima facie entitled to legacy as well as portion. 

179. No ademption by-subsequent provision for legatee. 

CHAPTER—XXII.—Of Election 

180. Circumstances in which election takes place. 

181. Devolution of interest relinquished by owner. 

182. Testator’s belief as to his ownership immaterial. 

183. Bequest for man’s benefit how regarded for purpose of election. 

184. Person deriving benefit indirectly not put to election. 

185. Person taking in individual capacity under will may In other character elect to take in opposition. 

186. Exception to provisions of last six sections. 

187. When acceptance of benefit given by will constitutes election to take under will. 

188. Circumstances in which knowledge or waiver is presumed or inferred. 

189. When testator’s representatives may call upon legatee to elect. 

190. Postponement of election in case of disability. 

CHAPTER XXIII.—Of Gifts in Contemplation of Death 

191. Property transferable by gift made in contemplation of death. 

PART VII 

PROTECTION OF PROPERTY OF DECEASED 

192.  Person  claiming  right  by  succession  to  property  of  deceased  may  apply  for  relief  against 

wrongful possession. 

193. Inquiry made by Judge. 

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194. Procedure. 

195. Appointment of curator pending determination of proceeding. 

196. Powers conferrable on curator. 

197. Prohibition of exercise of certain powers by curators. 

198. Curator to give security and may receive remuneration. 

199. Report from Collector where estate includes revenue paying land. 

200. Institution and defence of suits. 

201. Allowances to apparent owners pending custody by curator. 

202. Accounts to be filed by curator. 

203. Inspection of accounts and right of interested party to keep duplicate. 

204. Bar to appointment of second curator for same property. 

205. Limitation of time for application for curator. 

206. Bar to enforcement of Part against public settlement or legal directions by deceased. 

207. Court of Wards to be made curator in case of minors having property subject to its jurisdiction. 

208. Saving of right to bring suit. 

209. Effect of decision of summary proceeding. 

210. Appointment of public curators. 

REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION 

PART VIII 

211. Character and property of executor or administrator as such. 

212. Right to intestate’s property. 

213. Right as executor or legatee when established. 

214. Proof of representative title a condition precedent to recovery through the Courts of debts from 

debtors of deceased persons. 

215. Effection certificate of subsequent probate or letters of administration. 

216. Grantee of probate or administration alone to sue, etc., until same revoked. 

PART IX 

PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED 

217. Application of Part. 

CHAPTER I.—Of Grant of Probate and Letters of Administration 

218. To whom administration may be  granted, where deceased is a Hindu, Muhammadan, Budhist, 

Sikh, Jaina or exempted person. 

219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. 

220. Effect of letters of administration. 

221. Acts not validated by administration. 

222. Probate only to appointed executor. 

223. Persons to whom probate cannot be granted. 

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224. Grant of probate to several executors simultaneously or at different times. 

225. Separate probate of codicil discovered after grant of probate. 

226. Accrual of representation to surviving executor. 

227. Effect of probate. 

228. Administration, with copy annexed, of authenticated copy of will proved abroad. 

229. Grant of administration where executor has not renounced. 

230. Form and effect of renunciation of executorship. 

231. Procedure where executor renounces or fails to accept within time limited. 

232. Grant of administration to universal or residuary legatees. 

233. Right to administration of representative of deceased residuary legatee. 

234.  Grant  of  administration  where  no  executor,  nor  residuary  legatee  nor  representative  of  such 

legatee. 

235. Citation before grant of administration to legatee other than universal or residuary. 

236. To whom administration may not be granted. 

236A. Laying of rules before State Legislature. 

CHAPTER II—Of Limited Grants  
Grants limited in duration 

237. Probate of copy or draft of lost will. 

238. Probate of contents or lost of destroyed will. 

239. Probate of copy where original exists. 

240. Administration until will produced. 

Grants for the use and benefit of others having right 

241. Administration, with will annexed, to attorney of absent executor. 

242.  Administration,  with  will  annexed  to  attorney  of  a  absent  person  who,  if  present,  would  be 

entitled to administer. 

243. Administration to attorney of absent person entitled to administer in case of intestacy. 

244. Administration during minority of sole executor or residuary legatee. 

245. Administration during minority of several executors or residuary legatee. 

246. Administration for use and benefit of lunatic or minor. 

247. Administration pendente lite. 

Grants for special purposes 

248. Probate limited to purpose specified in will. 

249. Administration, with will annexed, limited to particular purpose. 

250. Administration limited to property in which person has beneficial interest. 

251. Administration limited to suit. 

252. Administration limited to purpose of becoming party to suit to be brought against administrator. 

253. Administration limited to collection and preservation of deceased’s property. 

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254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would 

be entitled to administration. 

Grants with exception 

255. Probate or administration, with will annexed, subject to exception. 

256. Administration with exception. 

257. Probate or administration of rest. 

Grants of the rest 

Grant of effects unadministered 

258. Grant of effects unadministered. 

259. Rules as to grants of effects unadministered. 

260. Administration when limited grant expired and still some part of estate unadministered. 

CHAPTER III.—Alteration and Revocation of Grants 

261. What errors may be rectified by Court. 

262. Procedure where codicil discovered after grant of administration with will annexed. 

263. Revocation or annulment for just cause. 

CHAPTER IV.—Of the Practice in granting and revoking Probates and 

Letters of Administration 

264. Jurisdiction of District Judge in granting and revoking probates, etc. 

265. Power to appoint delegate of District Judge to deal with non-contentious cases. 

266. District Judge’s powers as to grant of probate and administration. 

267. District Judge may order person to produce testamentary papers. 

268. Proceedings of District Judge’s Court in relation to probate and administration. 

269. When and how District Judge to interfere for protection of property. 

270. When probate or administration may be granted by District Judge. 

271. Disposal of application made to Judge of district in which deceased had no fixed abode. 

272. Probate and letters of administration may be granted by Delegate. 

273. Conclusiveness of probate or letters of administration. 

274. Transmission to High Courts of certificate of grants under proviso to section 273. 

275. Conclusiveness of application for probate or administration if properly made and verified. 

276. Petition for probate. 

277. In what cases translation of will to be annexed to petition. Verification of translation by person 

other than Court translator. 

278. Petition for letters of administration. 

279. Addition to statement in petition, etc., for probate or letters of administration in certain cases. 

280. Petition for probate, etc., to be signed and verified. 

281. Verification of petition for probate, by one witness to will. 

282. Punishment for false averment in petition or declaration. 

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283. Powers of District Judge. 

284. Caveats against grant of probate or administration. 

285. After entry of caveat, no proceeding taken on petition until after notice to caveator. 

286. District Delegate when not to grant probate or administration. 

287. Power to transmit statement to District Judge in doubtful cases where no contention. 

288.  Procedure  where  there  is  contention  of  District  Delegate  thinks  probate  or  letters  of 

administration should be refused in his Court. 

289. Grant of probate to be under seal of Court. 

290. Grant of letters of administration to be under seal of Court. 

291. Administration-bond 

292. Assignment of administration-bond. 

293. Time for grant of probate and administration. 

294. Filing of original wills of which probate or administration with will annexed  granted. 

295. Procedure in contentious cases. 

296. Surrender of revoked probate or letters of administration. 

297. Payment to executor or administrator before probate or administration revoked. 

298. Power to refuse letters of administration. 

299. Appeals from orders of District Judge. 

300. Concurrent jurisdiction of High Court. 

301. Removal of executor or administrator and provision for successor. 

302. Directions to executor or administrator. 

CHAPTER V.—Of Executors of their own Wrong 

303. Executor of his own wrong. 

304. Liability of executor of his own wrong. 

CHAPTER VI.—Of the Powers of an Executor or Administrator 

305. In respect of causes of action surviving deceased and debts due at death. 

306.  Demands  and  rights  of  action  of  or  against  deceased  survive  to  and  against  executor  or 

administrator. 

307. Power of executor or administrator to dispose of property. 

308. General powers of administration. 

309. Commission or agency charges. 

310. Purchase by executor or administrator of deceased’s property. 

311. Powers of several executors or administrators exercisable by one. 

312. Survival of powers on death of one of several executors or administrators. 

313. Powers of administrator of effects unadministered. 

314. Powers of administrator during minority. 

315. Powers of married executrix or administratrix. 

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CHAPTER VII.—Of the Duties of an Executor or Administrator 

SECTIONS 

316. As to deceased’s funeral. 

317. Inventory and account. 

318. Inventory to include property in any part of India in certain cases. 

319. As to property of, and debts owing to, deceased. 

320. Expenses to be paid before all debts. 

321. Expenses to be paid next after such expenses. 

322. Wages for certain services to be next paid, and then other debts. 

323. Save as aforesaid, all debts to be paid equally and rateably. 

324. Application of moveable property to payment of debts where domicile not in India. 

325. Debts to be paid before legacies. 

326. Executor or administrator not bound to pay legacies without indemnity. 

327. Abatement of general legacies. 

328. Non-abatement of specific legacy when assets sufficient to pay debts. 

329. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses. 

330. Rateable abatement of specific legacies. 

331. Legacies treated as general for purpose of abatement. 

CHAPTER VIII.—Of assent to a legacy by Executor or Administrator 

332. Assent necessary to complete legatee’s title. 

333. Effect of executor’s assent to specific legacy. 

334. Conditional assent. 

335. Assent of executor to his own legacy. 

336. Effect of executor’s assent. 

337. Executor when to deliver legacies. 

CHAPTER IX.—Of the Payment and Apportionment of Annuities 

338. Commencement of annuity when no time fixed by will. 

339. When annuity, to be paid quarterly or monthly, first falls due. 

340. Dates of successive payments when first payment directed to be made within a given time or on 

day certain: death of annuitant before date of payment. 

CHAPTER X.—Of the Investment of Funds to Provide for Legacies 

341. Investment of sum bequeathed, where legacy, not specific, given for life. 

342. Investment of general legacy, to be paid at future time: disposal of intermediate, interest. 

343. Procedure when no fund charged with, or appropriated to, annuity. 

344. Transfer to residuary legatee of contingent bequest. 

345. Investment of residue bequeathed for life, without direction to invest in particular securities. 

346. Investment of residue bequeathed for life, with direction to invest in specified securities. 

347. Time and manner of conversion and investment. 

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SECTIONS 

348. Procedure where minor entitled to immediate payment or possession of bequest, and no direction 

to pay to person on his behalf. 

CHAPTER XL.—Of the Produce and Interest of Legacies 

349. Legatee’s title to produce of specific legacy. 

350. Residuary legatee’s title to produce of residuary fund. 

351. Interest when no time fixed for payment of general legacy. 

352. Interest when time fixed. 

353. Rate of interest. 

354. No interest on arrears of annuity within first year after testator’s death. 

355. Interest on sum to be invested produce annuity. 

CHAPTER XII.—Of the Refunding of Legacies 

356. Refund of legacy paid under Court’s orders. 

357. No refund if paid voluntarily. 

358. Refund when legacy has become due on performance of condition within further time allowed 

under section 137. 

359. When each legatee compellable to refund in proportion. 

360. Distribution of assets. 

361. Creditor may call upon legatee to refund. 

362. When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in 

full to refund. 

363. When unsatisfied legatee must first proceed against executor, if solvent. 

364. Limit to refunding of one legatee to another. 

365. Refunding to be without interest. 

366. Residue after usual payments to be paid to residuary legatee. 

367. Transfer of assets from India to executor or administrator in country of domicile for distribution. 

CHAPTER XIII.—Of the Liability of an Executor or Administrator for Devastation 

368. Liability of executor or administrator for devastation. 

369. Liability of executor or administrator for neglect to get any part of property. 

PART X 

SUCCESSION CERTIFICATES 

370. Restriction on grant of certificates under this part. 

371. Court having jurisdiction to grant certificate. 

372. Application for certificate. 

373. Procedure on application. 

374. Contents of certificate. 

375.  Requisition of security from grantee of certificate. 

376. Extension of certificate. 

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SECTIONS 

377. Forms of certificate and extended certificate. 

378. Amendment of certificate in respect of powers as to securities. 

379. Mode of collecting court-fees on certificates. 

380. Local extent of certificate. 

381. Effect of certificate. 

382. Effect of certificate granted or extended by Indian representative in Foreign State and in certain 

other cases. 

383. Revocation of certificate. 

384. Appeal. 

385. Effect on certificate of previous certificate, probate or letters of administration. 

386. Validation of certain payments made in good faith to holder of invalid certificate. 

387. Effect of decisions under this Act, and liability of holder of certificate thereunder. 

388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act. 

389. Surrender of superseded and invalid certificates. 

390. Provisions with respect to certificates under Bombay Regulation VIII of 1827. 

PART XI 

MISCELLANEOUS 

391 Saving. 

392. [Repealed.]. 

SCHEDULE I.—TABLE OF CONSANGUINITY. 

SCHEDULE II.— 

PART  I.—ORDER OF NEXT-OF-KIN IN CASE OF PARSI INTESTATES REFERRED TO  IN SECTION 

54. 

PART II.—ORDER OF NEXT-OF-KIN IN CASE OF PARSI INTESTATES REFERRED TO IN SECTION 

55. 

SCHEDULE  III.—PROVISIONS  OF  PART  VI  APPLICABLE  TO  CERTAIN  WILLS  AND  CODICILS 

DESCRIBED IN SECTION 57. 

SCHEDULE IV.—FORM OF CERTIFICATE. 

SCHEDULE V.—FORM OF CAVEAT. 

SCHEDULE VI.—FORM OF PROBATE. 

SCHEDULE VII.—FORM OF LETTERS OF ADMINISTRATION. 

SCHEDULE VIII.—FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE. 

SCHEDULEIX.—[Repealed.] 

14 

THE INDIAN SUCCESSION ACT, 1925 
ACT NO. 39 OF 19251 

An Act to consolidate the law applicable to intestate and testamentary succession 2***. 

WHEREASit  is  expedient  to  consolidate  the  law  applicable  to  intestate  and  testamentary 

succession 2***. It is hereby enacted as follows:— 

[30th September, 1925.] 

PART I 

PRELIMINARY 

1. Short title.—This Act may be called the Indian Succession Act, 1925. 

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 

(a) “administrator” means a person appointed by competent authority to administer the estate of a 

deceased person when there is no executor; 

(b) “codicil” means an instrument made in relation to a Will, and explaining, altering or adding to 

its dispositions, and shall be deemed to form part of the Will; 

3[(bb) “District Judge” means the Judge of a Principal Civil Court of original jurisdiction;] 

(c) “executor” means a person to whom the execution of the last Will of a deceased person is, by 

the testator's appointment, confided; 

4[(cc) “India” means the territory of India excluding the State of Jammu and Kashmir;] 

(d) “Indian Christian” means a native of India who is, or in good faith claims to be, of unmixed 

Asiatic descent and who professes any form of the Christian religion; 

(e) “minor” means any person subject to the Indian Majority Act, 1875 (9 of 1875) who has not 
attained his majority within the meaning of that Act, and any other person who has not completed the 
age of eighteen years; and “minority” means the status of any such person; 

(f) “probate” means the copy of a will certified under the seal of a court of competent jurisdiction 

with a grant of administration to the estate of the testator; 

5[(g) “State” includes any division of India having a court of the last resort;] and 

(h) “will”  means  the  legal declaration  of  the intention  of  a  testator  with respect to  his  property 

which he desires to be carried into effect after his death. 

3. Power of State Government to exempt any race, sect or tribe in the State from operation of 
Act.—(1) The State Government may, by notification in the Official Gazette, either retrospectively from 
the  sixteenth  day  of  March,  1865,  or  prospectively,  exempt  from  the  operation of  any  of the following 
provisions of this Act, namely, sections 5 to 49 , 58 to 191 , 212, 213 and 215 to 369, themembers of any 
race, sect or tribe in the State, or of any part of  such race, sect or tribe, to whom the State Government 
considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order. 

1. The Act has been extended to Berar by the Berar Laws  Act,  1941 (4 of 1941), to Manipur by the Union Territories (Laws) 
Amendment  Act, 1956 (68 of 1956) and to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First 
Schedule. 

2. The words “in the Provinces of India” omitted by the A.O. 1950. 
3. Ins. by Act 18 of 1929, s. 2 (w.e.f. 1-10-1929). 
4. Ins. by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951). 
5. Subs. by s. 3 and the Schedule, ibid., for clause (g)(w.e.f. 1-4-1951). 

15 

                                                      
(2)  The  State  Government  may,  by  a  like  notification,  revoke  any  such  order,  but  not  so  that  the 

revocation shall have retrospective effect. 

(3) Persons exempted under this section or exempted from the operation of any of the provisions of 
the Indian Succession Act, 18651 (10 of 1865), under section 332 of that Act are in this Act referred to as 
“exempted persons”. 

PART II  
OF DOMICILE 

4.  Application  of  Part.—This  Part  shall  not  apply  if  the  deceased  was  a  Hindu,  Muhammadan, 

Buddhist, Sikh or Jaina. 

5.  Law  regulating  succession  to  deceased  person’s  immoveable  and  moveable  property, 
respectively.—(1)  Succession  to  the  immoveable  property  in 2[India],  of  a  person  deceased  shall  be 
regulated by the law of 2[India], wherever such person may have had his domicile at the time of his death. 

(2) Succession to the moveable property of a person deceased is regulated by the law of the country in 

which such person had his domicile at the time of his death. 

Illustrations 

(i) A, having his domicile in  2[India], dies in France, leaving moveable property in France, moveable property 
in England, and property, both moveable and immoveable, in  2[India]. The succession to the whole is regulated by 
the law of 2[India]. 

(ii) A, an Englishman, having his domicile in France, dies in  2[India], and leaves property, both moveable and 
immoveable, in 2[India]. The succession to the moveable property is regulated by the rules which govern, in France, 
the  succession  to  the  moveable  property  of  an  Englishman  dying  domiciled  in  France,  and  the  succession  to  the 
immoveable property is regulated by the law of 2[India]. 

6. One domicile only affects succession to moveables.—A person can have only one domicile for 

the purpose of the succession to his moveable property. 

7.  Domicile  of  origin  of  person  of  legitimate  birth.—The  domicile  of  origin  of  every  person  of 
legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a 
posthumous child, in the country in which his father was domiciled at the time of the father’s death. 

Illustration 

At  the  time  of  the  birth  of  A,  his  father  was  domiciled  in  England.  A’s  domicile  of  origin  kiln  England, 

whatever may be the country in which he was born. 

8. Domicile of origin of illegitimate child.—The domicile of origin of an illegitimate child is in the 

country in which, at the time of his birth, his mother was domiciled. 

9.  Continuance  of  domicile  of  origin.—The  domicile  of  origin  prevails  until  a  new  domicile  has 

been acquired. 

10. Acquisition of new domicile.—A man acquires a new domicile by taking up his fixed habitation 

in a country which is not that of his domicile of origin. 

Explanation.—A man is not to be deemed to have taken up his fixed habitation in 2[India] merely by 
reason  of  his  residing  therein 3[the  civil,  military,  naval  or  air  force  service  of  Government],  or  in  the 
exercise of any profession or calling. 

1. Rep. by this Act. 
2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”. 
3. Subs. by the A.O. 1950, for “His Majesty’s civil, military, naval or air force service”. 

16 

                                                      
Illustrations 

(i) A, whose domicile of origin is in England, proceeds to 1[India], where he settles as a barrister or a merchant, 

intending to reside there during the remainder of his life. His domicile is now in 1[India]. 

(ii) A,  whose  domicile is in  England, goes to  Austria, and enters the  Austrian service, intending to remain in 

that service. A has acquired a domicile in Austria. 

(iii) A, whose domicile of origin is in France, comes to reside in1[India] under an engagement with the Central 
Government for a certain number of years. It is his intention to return to France at the end of that period. He does 
not acquire a domicile in 1[India]. 

(iv) A, whose domicile is in England, goes to reside in  1[India] for the purpose of winding up the affairs of a 
partnership  which  has  been  dissolved,  and  with  the  intention  of  returning  to  England  as  soon  as  that  purpose  is 
accomplished. He does not by such residence acquire a domicile in 1[India], however, long the residence may last. 

(v)  A,  having  gone  to  reside  in  1[India]  in  the  circumstances  mentioned  in  the  last  preceding  illustration, 

afterwards alters his intention, and takes up his fixed habitation in 1[India]. A has acquired a domicile in 1[India]. 

(vi) A, whose domicile is in the French Settlement of Chandernagore, is compelled by political events to take 
refuge in Calcutta, and resides in Calcutta for many years in the hope of such political changes as may enable him to 
return with safety to Chandernagore. He does not by such residence acquire a domicile in 1[India]. 

(vii) A, having come to Calcutta in the circumstances stated in the last preceding illustration, continues to reside 
thereafter such political changes have occurred as would enable him to return with safety to Chandernagore, and he 
intends that his residence in Calcutta shall be permanent. A, has acquired a domicile in 1[India]. 

11. Special mode of acquiring domicile in India.—Any person may acquire a domicile in 1[India] by 
making  and  depositing  in  some  office  in  1[India]  appointed  in  this  behalf  by  the  State  Government,  a 
declaration  in  writing  under  his  hand  of  his desire  to acquire such domicile;  provided  that  he  has been 
resident in 1[India] for one year immediately preceding the time of his making such declaration. 

 12. Domicile not acquired by residence as representative of foreign Government, or as part of 
his family.—A person who is appointed by the Government of one country to be its ambassador, consul 
or other representative in another country does not acquire a domicile in the latter country by reason only 
of  residing  there  in  pursuance  of  his appointment;  nor  does any  other  person  acquire  such  domicile  by 
reason only of residing with such first-mentioned person as part of his family, or as a servant. 

13.  Continuance  of  new  domicile.—A new domicile continues until the former domicile has been 

resumed or another has been acquired. 

 14. Minor’s domicile.—The domicile of a minor follows the domicile of the parent from whom he 

derived his domicile of origin. 

Exception.—The domicile of a minor does not change with that of his parent, if the minor is married, 
or holds any office or employment in the service of Government, or has set up, with the consent of the 
parent, in any distinct business. 

15.  Domicile  acquired  by  woman  on  marriage.—By  marriage a woman acquires the domicile of 

her husband, if she had not the same domicile before. 

16. Wife’s domicile during marriage.—A wife’s domicile during her marriage follows the domicile 

of her husband. 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”. 

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Exception.—Thewife’s  domcile  no  longer  follows  that  of  her  husband  if  they  are  separated  by  the 

sentence of a competent Court, or if the husband is undergoing a sentence of transportation. 

17. Minor’s acquisition of new domicile.—Save as hereinbefore otherwise provided in this Part, a 

person cannot, during minority, acquire a new domicile. 

18. Lunatic’s acquisition of new domicile.—An insane person cannot acquire a new domicile in any 

other way than by his domicile following the domicile of another person. 

19. Succession to moveable property in India in absence of proof of domicile elsewhere.—If a 
person  dies  leaving  moveable  property  in 1[India],  in  the  absence  of  proof  of  any  domicile  elsewhere, 
succession to the property is regulated by the law of 1[India]. 

PART III 

MARRIAGE 

20.  Interests  and  powers not  acquired  nor lost  by marriage.—(1) No person shall, by marriage, 
acquire any interest in the property of the person whom he or she marries or become incapable of doing 
any act in respect of his or her own property which he or she could have done if unmarried. 

(2) This section—  

shall not apply to any marriage contracted before, the first day of January, 1866; 

shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties 
to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh orJaina religion. 

21.  Effect  of  marriage  between  person  domiciled  and  one  not  domiciled  in India.—If a person 
whose domicile is not in  1[India] marries in 1[India] a person whose domicile is in  1[India], neither party 
acquires  by  the  marriage  any  rights  in  respect  of  any  property  of  the  other  party  not  comprised  in  a 
settlement  made  previous  to  the  marriage,  which  he  or  she  would  not  acquire  thereby  if  both  were 
domiciled in 1[India] at the time of the marriage. 

22. Settlement of minor’s property in contemplation of marriage.—(1) The property of a minor 
may  be  settled  in  contemplation  of  marriage,  provided  the  settlement  is  made  by  the  minor  with  the 
approbation of the minor’s father, or, if the father is dead or absent from 1[India], with the approbation of 
the High Court. 

(2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before 
the  first  day  of  January,  1866,  or  to  intestate  or  testamentary  succession  to  the  property  of  any  Hindu, 
Muhammadan, Buddhist, Sikh or Jaina. 

PART IV 

OF CONSANGUINITY 

23.  Application  of  Part.—Nothing in this Part shall apply to any will made or intestacy occurring 
before  the  first  day  of  January,  1866,  or  to  intestate  or  testamentary  succession  to  the  property  of  any 
Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi. 

24.  Kindred  or  consanguinity.—Kindred or consanguinity is the connection or relation of persons 

descended from the same stock or common ancestor. 

25. Lineal consanguinity.—(1) Lineal consanguinity is that which subsists between two persons, one 
of whom is descended in a direct line from the other, as between a man and his father, grandfather and 
great-grandfather, and so upwards in the direct ascending line; or between a man andhis son, grandson, 
great-grandson and so downwards in the direct descending line. 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”. 

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(2) Every generation constitutes a degree, either ascending or descending. 

(3) A person’s father is related to him in the first degree, and so likewise is his son; his grandfather 
and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so 
on. 

26.  Collateral  consanguinity.—(1)  Collateral  consanguinity  is  that  which  subsists  between  two 
persons who are decended from the same stock or ancestor, but neither of whom is descended in a direct 
line from the other. 

(2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person 
deceased,  it  is  necessary  to  reckon  upwards  from  the  person  deceased  to  the  common  stock  and  then 
downwards  to  the  collateral  relative,  a  degree  being  allowed  for  each  person,  both  ascending  and 
descending. 

27. Persons held for purpose of succession to be similarly related to deceased.—For the purpose 

of succession, there is no distinction— 

(a)  between  those  who  are  related  to  a  person  deceased  through  his  father,  and  those  who  are 

related to him through his mother; or 

(b)  between  those  who  are  related  to  a  person  deceased  by  the  full  blood,  and  those  who  are 

related to him by the half blood; or 

(c) between those who were actually born in the lifetime of a person deceased and those who at 

the date of his death were only conceived in the womb, but who have been subsequently born alive. 

28. Mode of computing of degrees of kindred.—Degrees of kindred are computed in the manner set 

forth in the table of kindred set out in Schedule I. 

Illustrations 

(i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the 
table,  related  in  the  fourth  degree;  there  being  one  degree  of  ascent  to  the  father,  and  another  to  the  common 
ancestor, the grandfather; and from him one of descent to the uncle, and another to the cousin-german, making in all 
four degrees. 

(ii)  A  grandson  of  the  brother  and  a  son  of  the  uncle,  i.e.,  a  great-nephew  and  a  cousin-german,  are  in  equal 

degree, being each four degrees removed. 

(iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in 

the sixth degree of kindred. 

PART V  

INTESTATE SUCCESSION  

CHAPTER I.—Preliminary 

29. Application of Part.—(1) This Part shall not apply to any intestacy occurring before the first day 

of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina. 

(2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions 

of this Part shall constitute the law of 1[India] in all cases of intestacy. 

30. As to what property deceased considered to have died intestate.—A person is deemed to die 
intestate in respect of all property of which he has not made a testamentary disposition which is capable 
of taking effect, 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”. 

19 

                                                      
(i) A has left no will. He has died intestate in respect of the whole of his property. 

Illustrations 

(ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has 

died intestate in respect of the distribution of his property. 

(iii)  A  has  bequeathed  his  whole  property  for  an  illegal  purpose.  A  has  died  intestate  in  respect  of  the 

distribution of his property. 

(iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; 
and has died leaving the sum of 2,000 rupees and no other property. C died before A without having ever had a son. 
A has died intestate in respect of the distribution of 1,000 rupees. 

CHAPTERII.—Rules in cases of Intestates other than Parsis 

31. Chapter not to apply to Parsis.—Nothing in this Chapter shall apply to Parsis. 

32. Devolution of such property.—The property of an intestate devolves upon the wife or husband, 
or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter 
contained in this Chapter. 

1* 

* 

* 

* 

* 

33.  Where  intestate  has  left  widow  and  lineal  descendants,  or  widow  and  kindred  only,  or 

widow and no kindred.—Where the intestate has left a widow—  

(a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, 
and  the  remaining  two-thirds  shall  go  to  his  lineal  descendants,  according  to  the  rules  hereinafter 
contained; 

(b) 2[save  as provided  by  section  33A],  if  he  has  left no  lineal  descendant,  but  has  left persons 
who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall 
go to those who are kindred to him, in the order and according to the rules hereinafter contained; 

(c)if  he  has  left  none  who  are  of  kindred  to  him,  the  whole  of  his  property  shall  belong  to  his 

widow. 

3[33A. Special provision where intestate has left widow and no lineal descendants.—(1) Where 
the intestate has left a widow but no lineal descendants and the nett value of his property does not exceed 
five thousand rupees, the whole of his property shall belong to the widow. 

(2) Where the nett value of the property exceeds the sum of five thousand rupees, the widow shall be 
entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such 
sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent. 
per annum until payment. 

(3) The provision for the widow made by this section shall be in. addition and without prejudice to 
her interest and share in the residue of the estate of such intestate remaining after payment of the said 
sum  of  five  thousand  rupees  with  interest  as  aforesaid,  and  such  residue  shall  be  distributed  in 
accordance with the provisions of section 33 as if it were the whole of such intestate’s property. 

(4) The nett value of the property shall be ascertained by deducting from the gross value thereof all 
debts,  and  all  funeral  and  administration  expenses  of  the  intestate,  and  all  other  lawful  liabilities  and 
charges to which the property shall be subject. 

1. The Explanation omitted by Act 26 of 2002, s. 2 (w.e.f. 27-5-2002). 
2. Ins. by Act 40 of 1926, s. 2. 
3. Ins. by s. 3, ibid. 

20 

 
 
 
 
 
 
 
 
                                                      
(5) This section shall not apply—  

(a) to the property of—  

(i) any Indian Christian, 

(ii)  any  child  or  grandchild  of  any  male  person  who  is  or  was  at  the  time  of  his  death  an 

Indian Christian, or 

(iii)  any  person  professing  the  Hindu,  Buddhist,  Sikh  or  Jaina  religion  the  succession  to 
whose property is, under section 24 of the Special Marriage Act, 1872 (3 of 1872), regulated by 
the provisions of this Act; 

(b) unless the deceased dies intestate in respect of all his property.] 

34.  Where  intestate  has left  no widow,  and where  he  has left  no  kindred.—Where the intestate 
has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, 
not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are 
of kindred to him, it shall go to the Government. 

35. Rights of widower.—A husband surviving his wife has the same rights in respect of her property, 

if she dies intestate, as a widow has in respect of her husband’s property, if he dies intestate. 

Distribution where there are lineal descendants 

36. Rules of distribution.—The rules for the distribution of the intestate’s property (after deducting 
the  widow’s  share,  if  he  has  left  a  widow)  amongst  his  lineal  descendants  shall  be  those  contained  in 
sections 37 to 40. 

37. Where intestate has left child or children only.—Where the intestate has left surviving him a 
child  or  children,  but  no  more  remote  lineal  descendant  through  a  deceased  child,  the  property  shall 
belong  to  his  surviving  child,  if  there  is  only  one,  or  shall  be  equally  divided  among  all  his  surviving 
children. 

38. Where intestate has left no child, but grandchild or grandchildren.—Where the intestate has 
not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant 
through  a  deceased  grandchild, the  property  shall  belong  to  his  surviving  grandchild  if  there  is  one,  or 
shall be equally divided among all his surviving grandchildren. 

Illustrations 

(i) A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two 
children,  Mary  three  and  Henry  four.  Afterwards  A  dies  intestate,  leaving  those  nine  grandchildren  and  no 
descendant of any decreased grandchild. Each of his grandfather will have one-ninth. 

(ii)  But  if  Henry  has  died,  leaving  no  child,  then  the  whole  is  equally  divided  between  the  intestate's  five 

grandchildren, the children of John and Mary. 

39.  Where  intestate  has  left  only  great-grandchildren  or  remoter  lineal  descendants.—In  like 
manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate, 
where they are all in the degree of great-grandchildren to him, or are all in a more remote degree. 

40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those 
through  whom  the  more  remote  are  descended  are  dead.—(1)  If  the  intestate  has  left  lineal 
descendants who do not all stand in the same degree of kindred to him, and the persons through whom the 
more remote are descended from him are dead, the property shall be divided into such a number of equal 
shares as may correspond with the number of the lineal  descendants of the intestate who either stood in 
the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, 
died before him, leaving lineal descendants who survived him. 

21 

(2)  One  of  such  shares  shall  be  allotted  to  each  of  the  lineal  descendants  who  stood  in  the  nearest 
degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect ofeach 
of  such  deceased  lineal  descendants;  and  the  share  allotted  in  respect  of  each  of  such  deceased  lineal 
descendants shall belong to his surviving child or children or more remote lineal descendants, as the case 
may be; such surviving child or children or more remote lineal descendants always taking the share which 
his  or  their  parent  or  parents  would  have  been  entitled  to  respectively  if  such  parent  or  parents  had 
survived the intestate. 

Illustrations 

(i) A had three children, John, Mary and Henry; John died, leaving four children, and Mary died, leaving one, 
and Henry alone survived the father. On the death of A, intestate, one-third is allotted to Henry, one-third to John’s 
four children, and the remaining third to Mary’s one child. 

(ii)  A  left  no  child,  but  left  eight  grandchildren,  and  two  children  of  a  deceased  grandchild.  The  property  is 
divided into nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally divided 
between the two great-grandchildren. 

(iii) A has three children, John, Mary and Henry; John dies leaving four children; and one of John’s children 
dies  leaving  two  children.  Mary  dies  leaving  one  child.  A  afterwards  dies  intestate.  One-third  of  his  property  is 
allotted to Henry, one-third to Mary’s child, and one-third is divided into four parts, one of which is allotted to each 
of John’s three surviving children, and the remaining part is equally divided between John’s two grandchildren. 

(iv) A has two children, and no  more, John and Mary. John dies before his father, leaving  his  wife pregnant. 
Then  A  dies  leaving  Mary  surviving  him,  and  in  due  time  a  child  of  John  is  born.  A’s  property  is  to  be  equally 
divided between Mary and the posthumous child. 

Distribution where there are no lineal descendants 

41. Rules of distribution where intestate has left no lineal descendants.—Where an intestate has 
left no linal descendants, the rules for the distribution of his property (after deducting the widow’s share, 
if he has left a widow) shall be those contained in sections 42 to 48. 

42.  Where  intestate's  father  living.—If  the  intestate’s  father  is  living,  he  shall  succeed  to  the 

property. 

43. Where intestate’s father dead, but his mother, brothers and sisters living.—If the intestate’s 
father  is  dead,  but  the  intestate’s  mother  is  living  and  there  are  also  brothers  or  sisters  of  the  intestate 
living, and there is no child living of any deceased brother or sister, the mother and each living brother or 
sister shall succeed to the property in equal shares. 

Illustration 

A dies intestate, survived by his mother and two brothers of the full blood, John and Henry, and a sister Mary, 
who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth 
and Mary, the sister of half blood, takes one-fourth. 

44.  Where  intestate’s  father  dead  and  his  mother,  a  brother  or  sister,  and  children  of  any 
deceased brother or sister, living.—If the intestate’s father is dead but the intestate’s mother is living, 
and if any brother or sister and the child or children of any brother or sister who may have  died in the 
intestate’s lifetime are also living, then the mother and each living brother or sister, and the living child or 
children of each deceased brother or sister, shall be entitled to the property in equal shares, such children 
(if more than one) taking in equal shares only the shares which their respective parents would have taken 
if living at the intestate’s death. 

Illustration 

A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, 
and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. 
The  mother  takes  one-fifth,  John  and  Henry  each  takes  one-fifth,  the  child  of  Mary  takes  one-fifth,  and  the  two 
children of George divide the remaining one-fifth equally between them. 

22 

45. Where intestate’s father dead and his mother and children of any deceased brother or sister 
living.—If the intestate’s father is dead, but the intestate’s mother is living, and the brothers and sisters 
are all dead, but all or any of them have left children who survived the intestate, the mother and the child 
or  children  of  each  deceased  brother  or  sister  shall  be  entitled  to  the  property  in  equal  shares,  such 
children (if more than one) taking in equal shares only the shares which their respective parents would 
have taken if living at the intestate’s death. 

Illustration 

A, the intestate, leaves no brother or sister but leaves his mother and one child of a deceased sister, Mary, and two 
children of a deceased brother, George. The mother takes one-third, the child of Mary takes one-third, and the 
children of George divide the remaining one-third equally between them. 

46.  Where  intestate’s  father  dead,  but  his  mother  living  and  no  brother,  sister,  nephew  or 
niece.—If the intestate’s father is dead, but the intestate’s mother is living, and there is neither brother, 
nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother. 

47.  Where  intestate  has  left  neither  lineal  descendant,  nor  father,  nor  mother.—Where  the 
intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally 
between his brothers and sisters and the child or children of such of them as may have died before him, 
such  children  (if  more  than  one)  taking  in  equal  shares  only  the  shares  which  their  respective  parents 
would have taken if living at the intestate’s death. 

48.  Where  intestate  has  left  neither  lineal  descendant,  nor  parent,  nor  brother,  nor  sister.—
Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall 
be divided equally among those of his relatives who are in the nearest degree of kindred to him. 

Illustrations 

(i) A, the intestate, has left a grandfather, and a grandmother and no  other relative standing in the same or 
a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal 
shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree.  

(ii)  A,  the  intestate,  has  left  a  great-grandfather,  or  a  great-grandmother,  and  uncles  and  aunts,  and  no  other 
relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree will take 
equal shares. 

(iii) A, the intestate, left a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree 

of kindred to him. All of these being in the third degree will take equal shares. 

(iv)  Ten  children  of  one  brother  or  sister  of  the  intestate,  and  one  child  of  another  brogher  or  sister  of  the 
intestate, constitute the class of relatives of the nearest degree of kindred to him. They will each take one-eleventh of 
the property. 

49.  Children’s  advancements  not  brought  into  hotchpot.—Where  a  distributive  share  in  the 
property of a person who has died intestate is claimed by a child, or any descendant of a child, of such 
person, no money or other property which the intestate may, during his life, have paid, given or settled to, 
or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken 
into account in estimating such distributive share. 

CHAPTERIII.—Special Rules for Parsi Intestates 

1[50. General principles relating to intestate succession.—For the purpose of intestate succession 

among Parsis—  

(a)  there  is  no  distinction  between  those  who  were  actually  born  in  the  lifetime  of  a  person 
deceased and those who at the date of his death were only conceived in the womb, but who have been 
subsequently born alive; 

1. Subs. by Act 17 of 1939, s. 2, for sections 50 to 56 (w.e.f. 12-6-1939). 

23 

                                                      
(b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving 
a widow or widower or any lineal descendant or 1[a widow or widower of any lineal descendant] shall 
not be taken into account in determining the manner in which the property of which the intestate has 
died intestate shall be divided; and 

(c) where a 2[widow or widower of any relative] of an intestate has married again in the lifetime 
of the intestate, 3[such widow or widower] shall not be entitled to receive any share of the property of 
which  the  intestate  has  died  intestate,  and  3[such  widow  or  widower]  shall  be  deemed  not  to  be 
existing at the intestate’s death. 
4[51. Division of intestate’s property among widow, widower, children and parents.—(1) Subject 

to the provisions of sub-section (2), the property of which a Parsi dies intestate shall he divided,—  

(a)  where  such  Parsi  dies  leaving  a  widow  or  widower  and  children,  among  the  widow  or 

widower, and children so that the widow or widower and each child received equal shares; 

(b)  where  such  Parsi  dies  leaving  children,  but  no  widow  or  widower,  among  the  children  in 

equal shares. 

(2) Where a Parsi dies leaving one or both parents in addition to children or widow or widower and 
children, the property of which such Parsi dies intestate shall be so divided that the parent or each of the 
parents shall receive a share equal to half the share of each child.] 

53.  Division of  share  of  predeceased child  of intestate  leaving  lineal  descendants.—In all cases 
where a Paris dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of 
the intestate, the division of the share of the property of which the intestate has died intestate which such 
child would have taken if living at the intestate's death shall be in accordance with the following rules, 
namely:— 

(a) If such deceased child was a son, his widow and children shall take shares in accordance with 

the provisions of this Chapter as if he had died immediately after the intestate's death: 

Provided that where such deceased son has left a widow or a widow of a lineal descendant but no 
lineal descendant, the residue of his share after such distribution has been made shall be divided in 
accordance with the provisions of this Chapter as property of which the intestate has died intestate, 
and in making the division of such residue the said deceased son of the intestate shall not be taken 
into account. 

(b) If such deceased child was a daughter, her share shall be divided equally among her children. 

(c) If any child of such deceased child has, also died during the lifetime of the intestate, the share 
which he or she would have taken if living at the intestate’s death, shall be divided in like manner in 
accordance with clause (a) or clause (b), as the case may be. 

(d) Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate, 
the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or 
she would have been entitled if living at the intestate’s death by reason of the predecease of all the- 
intestate's lineal descendants directly between him or her and the intestate. 
5[54.  Division  of  property  where  intestate  leaves  no  lineal  descendant  but  leaves  a  widow  or 
widower or a widow or widower of any lineal descendant.—Where a Parsi dies without leaving any 
lineal  descendant  but  leaving  a  widow  or  widower  or  a  widow  or  widower  of  a  lineal  descendant,  the 
property  of  which  the  intestate  dies  intestate  shall  be  divided  in  accordance  with  the  following  rules, 
namely:—  

(a) if the intestate leaves a widow or widower but no widow or widower of a lineal descendant, 

the widow or widower shall take half the said property; 

1. Subs. by Act 51 of 1991, s. 2, for “a widow of any lineal descendant” (w.e.f. 9-12-1991). 
2. Subs. s. 2, ibid., for “widow of any relative” (w.e.f. 9-12-1991). 
3. Subs. by s. 2, ibid., for “she” (w.e.f. 9-12-1991). 
4. Subs. by s. 3, ibid., for sections 51 and 52 (w.e.f. 9-12-1991). 
5. Subs. by s. 4, ibid.,for section 54 (w.e.f. 9-12-1991). 

24 

                                                      
(b)  if  the  intestate  leaves  a  widow  or  widower  and  also  a  widow  or  widower  of  any  lineal 
descendant, his widow or her widower shall receive one-third of the said property and the widow or 
widower  of  any  lineal  descendant  shall  receive  another  one-third  or  if  there  is  more  than  one  such 
widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among 
them; 

(c)  if  the  intestate  leaves  no  widow  or  widower,  but  one  widow  or  widower  of  the  lineal 
descendant,  such  widow  or  widower  of  the  lineal  descendant  shall  receive  one-third  of  the  said 
property or, if the intestate leaves no widow or widower  but -more than one widow or widower of 
lineal descendants, two-thirds of the said property shall be divided among such widows or widowers 
of the lineal descendants in equal shares; 

(d) the residue after the division specified in clause (a), or clause (b) or clause (c) has been made 
shall be distributed among the relatives of the intestate in the order specified in Part I of Schedule II; 
and  the  next-of-kin  standing  first  in  Part  I  of  that  Schedule  shall  be  preferred  to  those  standing 
second,  the  second  to  the  third  and  so  on  in  succession,  provided  that  the  property  shall  be  so 
distributed that each male and female standing in the same degree of propinquity shall receive equal 
shares; 

(e) if there are no relatives entitled to the residue under clause (d), the whole of the residue shall 
be distributed in proportion to the shares specified among the persons entitled to receive shares under 
this section.] 

55.  Division  of  property  where  intestate  leaves  neither  lineal  descendants  nor  a  widow  or 
widower nor a widow or widower of any lineal descendant.—When a Parsi dies leaving neither lineal 
descendants nor a widow or widower nor 1[a widow or widower of any lineal descendant] his or her next-
of-kin,  in  the  order  set  forth  in  Part  II  of  Schedule  II,  shall  be  entitled  to  succeed  to  the  whole  of  the 
property of which he or she dies intestate. The next-of-kin standing first in Part II of that Schedule shall 
be preferred to those standing second, the second to the third, and so on in succession, provided that the 
property shall be so distributed that 2[each male and female standing in the same degree of propinquity 
shall receive equal shares.] 

56. Division of property where there is no relative entitled to succeed under the other provisions 
of  this  Chapter.—Where  there  is  no  relative  entitled  to  succeed  under  the  other  provisions  of  this 
Chapter  to  the  property  of  which  a  Parsi  has  died  intestate,  the  said  property  shall  be  divided  equally 
among those of the intestate's relatives who are in the nearest degree of kindred to him.] 

PART VI 

TESTAMENTARY SUCCESSION 

CHAPTERI.—Introductory 

3[57.  Application  of  certain  provisions  of  Part  to  a  class  of  wills  made  by  Hindus,  etc.—The 
provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications 
specified therein, apply— 

(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day 
of  September,  1870,  within  the  territories  which  at  the  said  date  were  subject  to  the  Lieutenant-
Governor of Bengal  or within the local limits of the ordinary original civil jurisdiction of the High 
Courts of Judicature at Madras and Bombay; and 

(b)  to  all  such  wills  and  codicils  made  outside  those  territories  and  limits  so  far  as  relates  to 

immoveable property situate within those territories or limits, 4[and 

1. Subs. by Act 51 of 1991, s. 5, for “a widow of any lineal descendant (w.e.f. 9-12-1991). 
2. Subs. by s. 5,ibid.,for “each male shall take double the share of each female standing in the same degree of propinquity” (w.e.f. 

9-12-1991). 

3. Sub-section (1) renumbered as section 57 thereof by Act 18 of 1929, s. 3 (w.e.f. 1-10-1929) which was earlier renumbered as 

sub-section (1) thereof by Act 37 of 1926, s. 2 (w.e.f. 9-9-1926). 

4. Added by s. 3, ibid. (w.e.f. 1-10-1929). 

25 

                                                      
(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of 

January, 1927, to which those provisions are not applied by clauses (a) and (b):] 

Provided that marriage shall not revoke any such will or codicil.] 

1* 

* 

* 

* 

* 

58.  General  application  of  Part.—(1)  The  provisions  of  this  Part  shall  not  apply  to  testamentary 
succession  to  the  property  of  any  Muhammadan  nor,  save  as  provided  by  section  57,  to  testamentary 
succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made 
before the first day of January, 1866. 

(2) Save as provided in sub-section (1) or by any other law for the time being in force the provisions 

of this Part shall constitute the law of 2[India] applicable to all cases of testatmentary succession. 

CHAPTER II—Of Wills and Codicils 

59. Person capable of making wills.—Every person of sound mind not being a minor may dispose 

of his property by will. 

Explanation 1.—A married woman may dispose by will of any property which she could alienate by 

her own act during her life. 

Explanation 2.—Persons who are deaf or dumb or blind are not thereby incapacitated for making a 

will if they are able to know what they do by it. 

Explanation 3.—A person who is ordinarily insane may make a will during interval in which he is of 

sound mind. 

Explanation 4.—No person can make a will while he is in such a state of mind, whether arising from 

intoxication or from illness or from any other cause, that he does not know what he is doing. 

Illustrations 

(i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has 
not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose 
favour it would be proper that he should make his will. A cannot make a valid will. 

(ii) A executes an instrument purporting to be his will, but he does not understand the nature of the instrument, 

nor the effect of its provisions. This instrument is not a valid will. 

(iii)  A,  being  very  feeble  and  debilitated,  but  capable  of  exercising  a  judgment  as  to  the  proper  mode  of 

disposing of his property, makes a will. This is a valid will. 

60. Testamentary guardian.—A father, whatever his age may be, may by will appoint a guardian or 

guardians for his child during minority. 

61. Will obtained by fraud, coercion orimportunity.—A will or any part of a will, the making of 
which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the 
testator, is void. 

Illustrations 

(i) A, falsely and knowingly represents to the testator, that the testator’s only child is dead, or that he has done 
some undutiful act and thereby induces the. testator to make a will in his, A’s favour; such will has been obtained by 
fraud, and is 

(ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void. 

(iii)  A,  being  a  prisoner  by  lawful  authority,  makes  his  will.  The  will  is  not  invalid  by  reason  of  the 

imprisonment. 

1. Sub-section (2) omitted by Act 18 of 1929, s. 3 (w.e.f .1-10-1929) which was earlier inserted by Act 37 of 1926, s. 2 (w.e.f. 9-

9-1926).  

2. Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”. 

26 

 
 
 
 
 
 
 
 
                                                      
(iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he 
makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making 
of it having been caused by coercion. 

(v) A, being of sufficient intellect, if undistrubed by the influence of others, to make a will yet being so much 
under  the  control  of  B  that  he  is  not  a  free  agent,  makes  a  will,  dictated  by  B.  It  appears  that  he  would  not  have 
executed the will but for fear of B. The will is invalid. 

(vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a will of 

a certain purport and does so merely to purchase peace and in submission to B. The will is invalid. 

(vii)  A  being  in  such  a  state  of  health  as  to  be  capable  of  exercising  his  own  judgment  and  volition,  B  uses 
urgent intercession and persuasion with him to induce him to make a will of a certain purport. A, in consequence of 
the intercession and persuasion, but in the free exercise of his judgment and volition makes his will in the manner 
recommended by B. The will is not redered invalid by the intercession and persuasion of B. 

(viii) A, with a view to obaining a legacy from B, pays him attention and flatters him and thereby produces in 
him a capricious partiality to A. B, in consequence of such attention and flattery, makes his will, by which he leaves 
a legacy to A. The bequest is not rendered invalid by the attention and flattery of A. 

62. Will may be revoked or altered.—A will is liable to be revoked or altered by the maker of it at 

any time when he is competent to dispose of his property by will. 

CHAPTER III.—Of the Execution of unprivileged Wills 

63. Execution of unprivileged wills.—Every testator, not being a soldier employed in an expedition 
or engaged in actual warfare, 1[or an airman so employed or engaged,] or a mariner at sea, shall execute 
his will according to the following rules:— 

(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other 

person in his presence and by his direction. 

(b)  The  signature  or  mark  of  the  testator,  or  the  signature  of  the  person  signing  for  him, 
shall be so placed that it shall appear that it was intended thereby to give effect to the writing 
as a will. 

(c) The will shall be attested by two or more witnesses, each of whom has seen the testator 
sign or affix his mark to the will or has seen some other person sign the will, in the presence an d 
by the direction of the testator, or has received from the testator a personal acknowledgment of 
his  signature  or  mark,  or  of  the  signature  of  such  other  person;  and  each  of  the  witnesses  shall 
sign  the  will  in  the  presence  of  the  testator,  but  it  shall  not  be  necessary  that  more  than  one 
witness be present at the same time, and no particular form of attestation shall be necessary.  

64. Incorporation of papers by reference.—If a testator, in a will or codicil duly attested, refers to 
any other document then actually written as expressing any part of his intentions, such document shall be 
deemed to form a part of the will or codicil in which it is referred to. 

CHAPTER IV.—Of privileged Wills 

65.  Privileged  wills.—Any  soldier  being  employed  in  an  expedition  or  engaged  in  actual  warfare, 
1[or an airman so employed or engaged,] or any mariner being at sea, may, if he has completed the age of 
eighteen years, dispose of his property by a will made in the manner provided in section 66. Such wills 
are called privileged wills. 

1. Ins. by Act 10 of 1927, s. 2 and the First Schedule (w.e.f. 4-4-1927). 

27 

                                                      
Illustrations 

(i) A, a  medical  officer attached to a  regiment is actually  employed in an expedition. He is a soldier actually 

employed in an expedition, and can make a privileged will. 

(ii)  A  is  at  sea  in  a  merchant-ship,  of  which  he  is  the  purser.  He  is  a  mariner,  and,  being  at  sea,  can  make  a 

privileged will. 

(iii) A, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can 

make a privileged will. 

(iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. He 

is, for the purposes of this section, a mariner at sea, and can make a privileged will. 

(v) A, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his 

ship, is not considered as at sea, and cannot make a privleged will. 

(vi) A, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make 

a privileged will. 

66.  Mode  of  making,  and  rules  for  executing,  privileged  wills.—(1)  Privileged  wills  may  be  in 

writing, or may be made by word of mouth. 

(2) The execution of privileged wills shall be governed by the following rules:—  

(a) The will may be written wholly by the testator, with his own hand. In such case it need not be 

signed or attested. 

(b) It may be written wholly or in part by another person, and signed by the testator. In such case 

it need not be attested. 

(c) If the instrument purporting to be a will is written wholly or in part by another person and is 
not signed by the testator, it shall be deemed to be his will, if it is shown that it was written by the 
testator's directions or that he recognised it as his will. 

(d) If it appears on the face of the instrument that the execution of it in the manner intended by 
the testator was not completed, the instrument shall not, by reason of that circumstance, be invalid, 
provided  that  his  non-execution  of  it  can  be  reasonably  ascribed  to  some  cause  other  than  the 
abandonment of the testamentary intentions expressed in the instrument. 

(e) If the soldier, 1[airman] or mariner has written instructions for the preparation of his will, but 
has died before it could be prepared and executed, such instructions shall be considered to constitute 
his will. 

(f)  If  the  soldier,  1[airman]  or  mariner  has,  in  the  presence  of  two  witnesses,  given  verbal 
instructions for the preparation of his will, and they have been reduced into writing in his lifetime, but 
he  has  died  before  the  instrument  could  be  prepared  and  executed,  such  instructions  shall  be 
considered  to  constitute  his  will,  although  they  may  not  have  been  reduced  into  writing  in  his 
presence, nor read over to him. 

(g)  The  soldier,  1[airman]  or  mariner  may  make  a  will  by  word  of  mouth  by  declaring  his 

intentions before two witnesses present at the same time. 

(h) A will made by word of mouth shall be null at the expiration of one month after the testator, 

being still alive, has ceased to be entitled to make a privileged will. 

CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills 

67. Effect of gift to attesting witness.—A will shall not be deemed to be insufficiently attested by 
reason  of  any  benefit  thereby  given  either  by  way  of  bequest  or  by  way  of  appointment  to  any  person 
attesting  it,  or  to  his  or  her  wife  or  husband;  but  the  bequest  or  appointment  shall  be  void  so  far 
asconcerns the person so attesting, or the wife or husband of such person, or any person claiming under 
either of them. 

1. Ins. by Act 10 of 1927, s. 2 and the First Schedule (w.e.f. 4-4-1927). 

28 

                                                      
Explanation.—A legatee under a will does not lose his legacy by attesting a codicil which confirms 

the will. 

68. Witness not disqualified by interest or by being executor.—No person, by reason of interest in, 
or of his being an executor of, a will, shall be disqualified as a witness to prove the execution of the will 
or to prove the validity or invalidity thereof. 

69. Revocation of will by testator’s marriage.—Every will shall be revoked by the marriage of the 
maker,  except  a  will  made  in  exercise  of  a  power  of  appointment,  when  the  property  over  which  the 
power of appointment is exercised would not, in default of such appointment, pass to his or her executor 
or administrator, or to the person entitled in case of intestacy. 

Explanation.—Where a man is invested with power to determine the disposition of property of which 

he is not the owner, he is said to have power to appoint such property. 

70.  Revocation  of  unprivileged  will  or  codicil.—No  unprivileged  will  or  codicil,  nor  any  part 
thereof, shall be trevoked otherwise than by marriage, or by another will or codicil, or by some writing 
declaring  an  intention  to  revoke  the  same  and  executed  in the  manner  in  which  an  unprivileged  will is 
herein before required to be executed, or by the burning, tearing, or otherwise destroying the same by the 
testator or by some person in his presence and by his direction with the intention of revoking the same. 

Illustrations 

(i) A has made an unprivileged will. Afterwards, A makes another unprivileged will which purports to revoke 

the first. This is a revocation. 

(ii) A has made an unprivileged will. Afterwards, A, being entitled to make a privileged will, makes a privileged 

will, which purports to revoke his unprivileged will. This is a revocation. 

71.  Effect  of  obliteration,  interlineation  or  alteration  in  unprivileged  will.—No  obliteration, 
interlineation or other alteration made in any unprivileged will after the execution thereof shall have any 
effect,  except  so  far  as  the  words  or  meaning  of  the  will  have  been  thereby  rendered  illegible  or 
undiscernible, unless such alteration has been executed in like manner as hereinbefore is required for the 
execution of the will: 

Provided  that  the  will,  as  so  altered,  shall  be  deemed  to  be  duly  executed  if  the  signature  of  the 
testator  and  the  subscription  of  the  witnesses  is  made  in  the  margin  or  on  some  other  part  of  the  will 
opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such 
alteration, and written at the end or some other part of the will. 

72. Revocation of privileged will or codicil.—A privileged will or codicil, may be revoked by the 
testator  by  an  unprivileged  will  .or  codicil,  or  by  any  act  expressing  an  intention  to  revoke  it  and 
accompanied  by  such  formalities  as  would  be  sufficient  to  give  validity  to  a  privileged  will,  or  by  the 
burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and 
by his direction, with the intention of revoking the same. 

Explanation.—In  order  to  the  revocation  of  a  privileged  will  or  codicil  by  an  act  accompanied  by 
such  formalities  as  would  be  sufficient  to  give  validity  to  a  privileged  will,  it  is  not  necessary  that  the 
testator should at the time of doing that act be in a situation which entitles him to make a privileged will 

73.  Revival  of unprivileged will.—(1) No unprivileged will or codicil, nor any part thereof, which 
has  been  revoked  in  any  manner,  shall  be  revived  otherwise  than  by  the  re-execution  thereof,  or  by  a 
codicil executed in manner hereinbefore required, and showing an intention to revive the same. 

(2)  When  any  will  or  codicil,  which  has  been  partly  revoked  and  afterwards  wholly  revoked,  is 
revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the 
whole thereof, unless an intention to the contrary is shown by the will or codicil. 

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CHAPTER VI.—Of the construction of Wills 

74. Wording of wills.—It is not necessary,.that any technical words or terms of art be used in a will, 

but only that the wording be such that the intentions of the testator can be known therefrom. 

75.  Inquiries  to  determine  questions  as  to  object  or  subject  of  will.—For  the  purpose  of 
determining questions as to what person or what property is denoted by any words used in a will, a Court 
shall inquire into every material fact relating to the persons who claim to be interested under such will, 
the property which is claimed as the subject of disposition,  the circumstances of the testator and of his 
family, and into every fact a knowledge of which may conduce to the right application of the words which 
the testator has used. 

Illustrations 

(i) A, by his will, bequeaths 1,000 rupees to his eldest son or to his youngest grandchild, or to his cousin, Mary. 

A Court may make inquiry in order to ascertain to what person the description in the will applies. 

(ii) A, by his will, leaves to B “my estate called Black Acre”. It may be necessary to take evidence in order to 

ascertain what is the subject-matter of the bequest; that is to say, what estate of thetestator’s is called Black Acre. 

(iii) A, by his  will, leaves to  B  “the estate  which I purchased of C”. It  may be necessary to take evidence in 

order to ascertain what estate the testator purchased of C. 

76.  Misnomer  or  misdescription  of  object.—(1)  Where  the  words  used  in  a  will  to  designate  or 
describe  a  legatee  or  a  class  of  legatees  sufficiently  show  what  is  meant,  and  error  in  the  name  or 
description shall not prevent the legacy from taking effect. 

(2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the 

description of a legatee may be corrected by the name. 

Illustrations 

(i)  A  bequeaths  a  legacy  to  “Thomas,  the  second  son  of  my  brother  John”.  The  testator  has  an  only  brother 
named John, who has no son named Thomas, but has a second son whose name is William. William will have the 
legacy. 

(ii) A bequeaths a legacy  “to Thomas, the second  son of  my brother John”. The  testator has an only brother, 
named  John,  whose  first  son  is  named  Thomas  and  whose  second  son  is  named  William.  Thomas  will  have  the 
legacy. 

(iii) The testator bequeaths his property  “to A and B, the legitimate children of C”. C has no legitimate child, 

but has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate. 

(iv)  The  testator  gives  his  residuary  estate  to  be  divided  among  “my  seven  children”  and,  proceeding  to 
enumerate them, mentions six names only. This omission will not prevent the seventh child from taking a share with 
the others. 

(v)  The  testator,  having  six  grandchildren,  makes  a  bequest  to  “my  six  grandchildren”  and,  proceeding  to 
mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name 
is not mentioned will take a share with the others. 

(vi) The testator bequeaths “1,000 rupees to each of the three children of A”. At the date of the will A has four 

children. Each of these four children will, if he survives the testator, receive a legacy of 1,000 rupees. 

77. When words may be supplied.—Where any word material to the full expression of the meaning 

has been omitted, it may be supplied by the context. 

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Illustration 

The  testator gives a legacy of  “five  hundred” to his daughter A and a legacy of  “five  hundred rupees” to his 

daughter B. A will take a legacy of five hundred rupees. 

78. Rejection of erroneous particulars in description of subject.—If the thing which the testator 
intended to bequeath can be sufficiently identified from the description of it given in the will, but some 
parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the 
bequest shall take effect. 

Illustrations 

(i)  A  bequeaths  to  B  “my  marsh-lands  lying  in  L  and  in  the  occupation  of  X”.  The  testator  had  marsh-lands 
lying in L but had no marsh-lands in the occupation of X. The words “in the occupation of X” shall be rejected as 
erroneous, and the marshlands of the testator lying in L will pass by the bequest. 

(ii) The testator bequeaths to A “my zamindari of Rampur”. He had an estate at Rampur but it was a taluq and 

not a zamindari. The taluq passes by this bequest. 

79.  When  part  of  description  may  not  be  rejected  as  erroneous.—If  a  will  mentions  several 
circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property 
of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such 
property, and it shall not be lawful to reject any part of the description as erroneous, because the testator 
had other property to which such part of the description does not apply. 

Explanation.—In judging whether a case falls within the meaning of this section, any words which 

would be liable to rejection under section 78 shall be deemed to have been struck out of the will. 

Illustrations 

(i)  A  bequeaths  to  B  “my  marsh-lands  lying  in  L  and  in  the  occupation  of  X”.  The  testator  had  marsh-lands 
lying in L, some of which were in the occupation of X, and some not in the occupation of X. The bequest will be 
considered as limited to such of the testator's marsh-lands in L as were in the occupation of X. 

(ii)  A  bequeaths  to  B  “my  marsh-lands  lying  in  L  and  in  the  occupation  of  X,  comprising  1,000  bighas  of 
lands”.  The  testator  had  marshlands  lying  in  L  some  of  which  were  in  the  occupation  of  X  and  some  not  in  the 
occupation of X. The measurement is wholly inapplicable to the marsh-lands of either class, or to the whole taken 
together. The measurement will be considered as struck out of the will, and such of the testator's marsh-lands lying 
in L as were in the occupation of X shall alone pass by the bequest. 

80.  Extrinsic  evidence  admissible  in  cases  of  patent  ambiguity.—Where the words of a will are 
unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can 
have been intended by the testator, extrinsic evidence may be taken to show which of these applications 
was intended. 

Illustrations 

(i) A man, having two cousins of the name of Mary, bequeaths a sum of money to “my cousin Mary”. It appears 
that  there  are  two  persons,  each  answering  the  description  in  the  will.  That  description,  therefore,  admits  of  two 
applications, only one of which can have been intended by the testator. Evidence is admissible to show which of the 
two applications was intended. 

(ii) A, by  his  will,  leaves to  B  “my  estate called SultanpurKhurd”. It turns out that  he  had two estates called 

SultanpurKhurd. Evidence is admissible to show which estate was intended. 

81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.—Where there is an 
ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall 
be admitted. 

31 

Illustrations 

(i)  A  man  has  an  aunt,  Caroline,  and  a  cousin,  Mary,  and  has  no  aunt  of  the  name  of  Mary.  By  his  Will  he 
bequeaths  1,000  rupees  to  “my  aunt,  Caroline”  and  1,000 rupees  to  “my  cousin,  Mary”  and  afterwards  bequeaths 
2,000 rupees to “my before-mentioned aunt, Mary”. There is no person to whom the description given in the Will 
can  apply,  and  evidence  is  not  admissible  to  show  who  was  meant  by  “my  before-mentioned  aunt,  Mary”.  The 
bequest is, therefore, void for uncertainty under section 89. 

(ii) A bequeaths 1,000 rupees to............leaving a blank for the name of the legatee. Evidence is not admissible 

to show what name the testator intended to insert. 

(iii) A bequeaths to B .......................rupees, or “my estate of........................” Evidence is not admissible to show 

what sum or what estate the testator intended to insert. 

82. Meaning or clause to be collected from entire Will.—The meaning of any clause in a Will is to 

be collected from the entire instrument, and all its parts are to be construed with reference to each other. 

Illustrations 

(i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the 
whole of his property to A. The effect of the several clauses taken together is to vest the specific fund or property in 
A for life, and after his decease in B; it appearing from the bequest to B that the testator meant to use in a restricted 
sense the words in which he describes what he gives to A. 

(ii) Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate 
to A, and in another part of his Will bequeaths Black Acre to B, the latter bequest is to be read as an exception out of 
the first as if he had said “I give Black Acre to B, and all the rest of my estate to A”. 

83. When words may be understood in restricted sense, and when in sense wider than usual.—
General words may be understood in a restricted sense where it may be collected from the Will that the 
testator meant to use them in a restricted sense; and words may be understood in a wider sense than that 
which  they  usually  bear,  where  it  may  be  collected  from  the  other  words  of  the  Will  that  the  testator 
meant to use them in such wider sense. 

Illustrations 

(i) A testator gives to A “my farm in the occupation of B”, and to C “all my marsh-lands in L”. Part of the farm 
in the occupation of B consists of marsh-lands in L, and the testator also has other marsh-lands in L, The general 
words, “all my marsh-lands in L”, are restricted by the gift to A. A takes the whole of the farm in the occupation of 
B, including that portion of the farm which consists of marshlands in L. 

(ii) The  testator (a sailor on ship-board) bequeathed to his mother his gold ring, buttons and chest of clothes, 
and to his friend, A (a shipmate) his red box, clasp-knife and all things not before bequeathed. The testator's share in 
a house does not pass to A under this bequest. 

(iii) A, by his Will, bequeathed to B all his household furniture plate, linen, china, books, pictures and all other 
goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Under the first bequest is B 
entitled only to such articles of the testator’s as are of the same nature with the articles therein enumerated. 

84.  Which  of  two  possible  constructions  preferred.—Where  a  clause  is  susceptible  of 
two meanings according to one of which it has some effect, and according to the other of which it can 
have none, the former shall be preferred. 

85.  No  part  rejected,  if  it  can  be  reasonably  construed.—No  part  of  a  Will shall  be  rejected  as 

destitute of meaning if it is possible to put a reasonable construction upon it. 

32 

86.  Interpretation  of  words  repeated  in  different  parts  of  will.—If  the  same  words  occur  in 
different  parts  of  the  same  will,  they  shall  be  taken  to  have  been  used  everywhere  in  the  same  sense, 
unless a contrary intention appears. 

87.  Testator’s  intention  to  be  effectuated  as  far  as  possible.—The  intention  of  the  testator 
shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as 
far as possible. 

Illustration 

The testator by a will made on his death-bed bequeathed all his property to C.D. for life and after his decease to 
a certain hospital. The intention of the testator cannot take effect to its full extent because the gift to the hospital is 
void under section 118, but it will take effect so far as regards the gift to C.D. 

88.  The  last  of  two  inconsistent  clauses  prevails.—Where  two  clauses  of  gifts  in  a  will  are 

irreconcileable, so that they cannot possibly stand together, the last shall prevail. 

Illustrations 

(i) The testator by the first clause of his will leaves his estate of Ramnagar “to A,” and by the last clause of his 

will leaves it “to B and not to A”. B will have it. 

(ii) If a man, at the commencement of his will gives his house to A, and at the close of it directs that his house 

shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail. 

89.  Will  or  bequest  void  for  uncertainty.—A  will  or  bequest  not  expressive  of  any  definite 

intention is void for uncertainty. 

Illustration 

If a testator says “I bequeath goods to A,” or “I bequeath to A,” or “I leave to A all the goods mentioned in the 
Schedule” and no Schedule is found, or “I bequeath ‘money,’‘wheat,’ ‘oil,’ ” or the like, without saying how much, 
this is void. 

90. Words describing subject refer to property answering description at testator’s death.— The 
description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by 
the will, be deemed to refer to and comprise the property answering that description at the death of the 
testator. 

91. Power of appointment executed by general bequest.—Unless a contrary intention appears by 
the will, a bequest of the estate of the testator shall be construed to include any property which he may 
have -power to appoint by will to any object he may think proper, and shall operate as an execution of 
such power; and a bequest of property described in a general manner shall be construed to include any 
property to which such description may extend, which he may have power to appoint by will to any object 
he may think proper, and shall operate as an execution of such power. 

92. Implied gift to objects of power in default of appointment.—Where property is bequeathed to 
or for the benefit of certain objects as a specified person may appoint or for the benefit of certain objects 
in such proportions as a specified person may appoint, and the will does not provide for the event of no 
appointment being made; if the power given by the will is not exercised, the property belongs to all the 
objects of the power in equal shares. 

Illustration 

A, by his will bequeaths a fund to his wife, for her life, and directs that at her death it shall be divided among 
his children in such proportions as she shall appoint. The widow dies without having made any appointment. The 
fund will be divided equally among the children. 

93. Bequest to “heirs,” etc., of particular person without qualifying terms.—Where a bequest is 
made  to  the  “heirs”  or  “right  heirs”  or  “relations”  or  “nearest  relations”  or  “family”  or  “kindred”  or 
“nearest  of  kin”  or  “next-of-kin”  of  a  particular  person  without  any  qualifying  terms,  and  the  class  so 
designated  forms  the  direct  and  independent  object  of  the  bequest,  the  property  bequeathed  shall 
be  distributed as if it had belonged to such person and he had died intestate in respect of it, leaving assets 
for the payment of his debts independently of such property. 

33 

Illustrations 

(i) A leaves his property “to my own nearest relations”. The property goes to those who would be entitled to it if 

A had died intestate, leaving assets for the payment of his debts independently of such property. 

(ii) A bequeaths 10,000 rupees “to B for his life, and, after the death of B, to my own right heirs”. The legacy 

after B’s death belongs to those who would be entitled to it if it had formed part of A’s unbequeathed property. 

(iii)  A  leaves  his  property  to  B;  but  if  B  dies  before  him,  to  B’s  next-of  kin;  B  dies  before  A;  the  property 
devolves  as  if  it  had  belonged  to  B,  and  he  had  died  intestate,  leaving  assets  for  the  payment  of  his  debts 
independently of such property. 

(iv) A leaves 10,000 rupees “to B for his life, and after his decease to the heirs of C”. The legacy goes as if it 
had belonged to C, and he had died intestate, leaving assets for the payment of his debt independently of the legacy. 

94.  Bequest  to  “representatives”,  etc.,  of  particular  person.—Where  a  bequest  is  made  to  the 
“representatives” or “legal representatives” or “personal representatives” or “executors or administrators” 
of a particular person, and the class so designated forms the direct and independent object of the bequest, 
the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate 
in respect of it. 

Illustration 

A bequest is made to the “legal representatives” of A. A has died intestate and insolvent. B is his administrator. 
B is entitled to receive the legacy, and Will apply it in the first place to the discharge of such part of A’s debt as may 
remain unpaid: if there be any surplus B Will pay it to those persons who at A’s death would have been entitled to 
receive any property of A’s which might remain after payment of his debts, or to the representatives of such persons. 

95.  Bequest  without  words  of  limitation.—Where  property  is  bequeathed  to  any  person,  he  is 
entitled to the whole interest of the testator therein, unless it appears from the Will that only a restricted 
interest was intended for him. 

 96.  Bequest  in  alternative.—Where  a  property  is  bequeathed  to  a  person  with  a  bequest  in  the 
alternative to another person or to a class of persons, then, if a contrary intention does not appear by the 
Will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; 
but if he is then dead, the person or class of persons named in the second branch of the alternative shall 
take the legacy. 

(i) A bequest is made to A or to B. A survives the testator. B takes nothing. 

Illustrations 

(ii) A bequest is made to A or to B. A dies after the date of the Will, and before the testator. The legacy goes to 

B. 

(iii) A bequest is made to A or to B. A is dead at the date of the Will. The legacy goes to B. 

(iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely. 

(v) Properly is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the 

testator, the bequest to A’s nearest of kin takes effect. 

(vi) Properly is bequeathed to A for life, and after this death to B or his heirs. A and B survive the testator. B 

dies in A’s lifetime. Upon A’s death the bequest to the heirs of B takes effect. 

(vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator's lifetime. A 

survives the testator. Upon A's death the bequest to the heirs of B takes effect. 

34 

97. Effect of words describing a class added to bequest to person.—Where property is bequeathed 
to  a  person,  and  words  are  added  which  describe  a  class  of  persons  but  do  not  denote  them  as  direct 
objects  of  a  distinct  and  independent  gift,  such  person  is  entitled  to  the  whole  interest  of  the  testator 
therein, unless a contrary intention appears by the will. 

Illustrations 

(i) A bequest is made—  

to A and his children, 

to A and his children by his present wife, 

to A and his heirs, 

to A and the heirs of his body, 

to A and the heirs male of his body, 

to A and the heirs female of his body, 

to A and his issue, 

to A and his family, 

to A and his descendants, 

to A and his representatives, 

to A and his personal representatives, 

to A, his executors and administrators. 

In each of these cases, A takes the whole interest which the testator had in the property. 

(ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy. 

(iii) A bequest is made to A for life and after his death to his issue. At  the death of A the property belongs in 

equal shares to all persons who then answer the description of issue of A. 

98.  Bequest  to  class  of  persons  under  general  description  only.—Where a bequest is made to a 
class of persons under a general description only, no one to whom the words of the description are not in 
their ordinary sense applicable shall take the legacy. 

99. Construction of terms.—In a will—  

(a) the word “children” applies only to lineal descendants in the first degree of the person whose 

“children” are spoken of; 

(b) the word “grandchildren” applies only to lineal descendants in the second degree of the person 

whose “grand children” are spoken of; 

(c) the words “nephews” and “nieces” apply only to children of brothers or sisters; 

(d)  the  words  “cousins,”  or  “first  cousins,”  or  “cousins-german,”  apply  only  to  children  of 
brothers  or  of  sisters  of  the  father  or  mother  of  the  person  whose  “cousins,”  or  “first  cousins,”  or 
“cousins-german,” are spoken of; 

(e)  the  words  “first  cousins  once  removed”  apply  only  to  children  of  cousins-german,  or  to 

cousins-german of a parent of the person whose “first cousins once removed” are spoken of; 

(f)  the  words  “second  cousins”  apply  only  to  grandchildren  of  brothers  or  of  sisters  of  the 

grandfather or grandmother of the person whose “second cousins” are spoken of; 

(g) the words  “issue” and “descendants” apply to all lineal descendants whatever of the person 

whose “issue” or “descendants” are spoken of; 

(h) words expressive of collateral relationship apply alike to relatives of full and of half blood; 

and 

(i) all words expressive of relationship apply to a child in the womb who is afterwards born alive. 

35 

100.  Words  expressing  relationship  denote  only  legitimate  relatives  or  failing  such  relatives 
reputed  legitimate.—In  the  absence  of  any  intimation  to  the  contrary  in  a  will,  the  word  “child,”  the 
word  “son”,  the  word  “daughter”  or  any  word  which  expresses  relationship,  is  to  be  understood  as 
denoting  only  a  legitimate  relative,  or,  where  there  is  no  such  legitimate  relative,  a  person  who  has 
acquired, at the date of the Will, the reputation of being such relative. 

Illustrations 

(i) A having three children, B, C and A of whom B and Care legitimate and D is illegitimate leaves his property 

to be equally divided among “my children”. The property belongs to B and C in equal shares, to the exclusion of D. 

(ii)  A,  having  a  niece  of  illegitimate  birth,  who  has  acquired  the  reputation  of  being  his  niece  and  having  no 

legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy. 

(iii) A, having in his Will enumerated his children, and named as one of them B, who is illegitimate, leaves a 

legacy to “my said children”. B Will take a share in the legacy along with the legitimate children. 

(iv) A leaves a legacy to “the children of B”. B is dead and has left none but illegitimate children. All those who 

had at the date of the Will acquired the reputation of being the children of B are objects of the gift. 

(v) A bequeaths a legacy to “the children of B”. B never had any legitimate child. C and D had, at the date of 
the  Will,  acquired  the  reputation  of  being  children  of  B.  After  the  date  of  the  Will  and  before  the  death  of  the 
testator,  E  and  F  were  born, and  acquired  the  reputation  of  being  children  of  B.  Only  C  and  D  are objects  of  the 
bequest. 

(vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the 

Will the reputation of being the child of A by the woman designated. B takes the legacy. 

(vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest 

is void. 

(viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The 

bequest is void. 

101. Rules of construction where will purports to make two bequests to same person.—Where a 
will purports to make two bequests to the same person, and a question arises whether the testator intended 
to make the second bequest instead of or in addition to the first; if there is nothing in the  will to show 
what he intended, the following rules shall have effect in determining the construction to be put upon the 
will:— 

(a) If the same specific thing is bequeathed twice to the same legatee in the same  will or in the 

will and again in the codicil, he is entitled to receive that specific thing only. 

(b) Where one and the same will or one and the same codicil purports to make, in two places, a 
bequest to the same person of the same quantity or amount of anything, he shall be entitled to one 
such legacy only. 

(c) Where two legacies of unequal amount are given to the same person in the same will, or in the 

same codicil, the legatee is entitled to both. 

(d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one 
by  a  will  and  the  other  by  a  codicil,  or  each  by  a  different  codicil,  the  legatee  is  entitled  to  both 
legacies. 

Explanation: In clauses (a) to (d) of this section, the word “will”does not include a codicil. 

Illustrations 

(i)  A,  having  ten  shares,  and  no  more,  in  the  Imperial  Bank  of  India,  made  his  Will,  which  contains  near  its 
commencement the words “I bequeath my ten shares in the Imperial Bank of India to B”. After other bequests, the 
Will  concludes  with  the  words  "and  I  bequeath  my  ten  shares  in  the  Imperial  Bank  of  India  to  B".  B  is  entitled 
simply to receive A’s ten shares in the Imperial Bank of India. 

36 

(ii) A,  having one diamond ring,  which  was  given to him  by B, bequeaths to  C the diamond ring  which  was 
given by B. A afterwards made a codicil to his Will, and thereby, after giving other legacies, he bequeathed to C the 
diamond ring which was given to him by B, C can claim nothing except the diamond ring which was given to A by 
B. 

(iii) A, by his will, bequeaths to B the sum of 5,000 rupees and afterwards in the same will repeats the bequest 

in the same words. B is entitled to one legacy of 5,000 rupees only. 

(iv) A, by his will, bequeaths to B the sum of 5,000 rupees and afterwards in the same will bequeaths to B the 

sum of 6,000 rupees. B is entitled to receive 11,000 rupees. 

(v) A, by his will, bequeaths to B 5,000 rupees and by a codicil to the will he bequeaths to him 5,000 rupees. B 

is entitled to receive 10,000 rupees. 

(vi) A, by one codicil to his will, bequeaths to B 5,000 rupees and by another codicil bequeaths to him, 6,000 

rupees. B is entitled to receive 11,000 rupees. 

(vii)  A,  by  his  will,  bequeaths  “500  rupees  to  B  because  she  was  my  nurse”,  and  is  another  part  of  the  will 

bequeaths 500 rupees to B “because she went to England with my children”. B is entitled to receive 1,000 rupees. 

(viii) A, by his will, bequeaths to B the sum of 5,000 rupees and also, in another part of the will, an annuity of 

400rupees. B is entitled to both legacies. 

(ix) A, by his will, bequeaths to B the sum of 5,000 rupees and also bequeaths to him the sum of 5,000 rupees if 
he shall attain the age of 18. B is entitled absolutely to one sum of  5,000 rupees, and takes a contingent interest in 
another sum of 5,000 rupees. 

102. Constitution of residuary legatee.—A residuary legatee may be constituted by any words that 
show an intention on the part of the testator that the person designated shall take the surplus or residue of 
his property. 

Illustrations 

(i)  A  makes  her  will,  consisting  of  several  testamentary  papers,  in  one  of  which  are  contained  the  following 
words:—“I think there will be something left, after all funeral expenses, etc., to give  to B, now at school, towards 
equipping him to any profession he may hereafter be appointed to.” B is constituted residuary legatee. 

(ii) A makes his will, with the following passage at the end of it:—“I believe there will be found sufficient in 
my banker’s hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her 
own use and pleasure.” B is constituted the residuary legatee. 

(iii)  A  bequeaths  all  his  property  to  B,  except  certain  stock  and  funds,  which  he  bequeaths  to  C.  B  is  the 

residuary legatee. 

103.  Property  to  which  residuary  legatee  entitled.—Under  a  residuary  bequest,  the  legatee  is 
entitled to all property belonging to the testator at the time of his death, of which he has not made any 
other testamentary disposition which is capable of taking effect. 

Illustration 

A by his will bequeaths certain legacies, of which one is void under section 118, and another lapses by the death 
of the  legatee. He  bequeaths  the residue of  his property to B. After the date  of  his  will  A purchases a zamindari, 
which  belongs  to  him  at  the  time  of  his  death.  B  is  entitled  to  the  two  legacies  and  the  zamindari  as  part  of  the 
residue. 

104.  Time  of  vesting  legacy  in  general  terms.—1f  a  legacy  is  given  in  general  terms,  without 
specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of 
the testator, and, if he dies without having received it, it shall pass to his representatives. 

37 

105. In what case legacy lapses.—(1) If the legatee does not survive the testator, the legacy cannot 
take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the 
Will that the testator intended that it should go to some other person. 

(2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he 

survived the testator. 

Illustrations 
(i) The testator bequeaths to B “500 rupees which B owes me”.B dies before the testator; the legacy lapses. 

(ii) A bequest is made to A and his children. A dies before the testator, or happens to be dead when the  will is 

made. The legacy to A and his children lapses. 

(iii) A legacy is given to A, and, in case of his dying before the testator, to B. A dies before the testator. The 

legacy goes to B. 

(iv) A sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetime of the testator; B 

survives the testator. The bequest to B takes effect. 

(v) A sum of money is bequeathed to A on his completing his eighteenth year, and in case he should die before 
he completes his eighteenth year, to B. A completes his eighteenth year, and dies in the lifetime of the testator. The 
legacy to A lapses, and the bequest to ii does not take effect. 

(vi) The testator and the legatee perished in the same ship-wreck. There is no evidence to show which died first. 

The legacy lapses. 

106. Legacy does not lapse if one of two joint legatees die before testator.—If a legacy is given to 

two persons jointly, and one of them dies before the testator, the other legatee takes the whole. 

The legacy is simply to A and B. A dies before the testator. B takes the legacy. 

Illustration 

107. Effect of words showing testator’s intention to give distinct shares.—If a legacy is given to 
legatees  in  words  which show  that  the  testator  intended  to  give  them  distinct  shares  of  it,  then,  if  any 
legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of 
the testator's property. 

Illustration 

A sum of money is bequeathed to A, B and C, to be equally divided among them. A dies before the testator, B 

and C Will only take so much as they would have had if A had survived the testator. 

108.  When  lapsed  share  goes  as  undisposed  of.—Where  a share  which  lapses  is  a  part  of  the 

general residue bequeathed by the Will, that share shall go as undisposed of. 

Illustration 

The  testator  bequeaths  me  residue  of  his  estate  to  A,  B  and  C,  to  be  equally  divided  between  them.  A  dies 

before the testator. His one-third of the residue goes as undisposed of. 

109.  When  bequest  to  testator’s  child  or  lineal  descendant  does  not  lapse  on  his  death  in 
testator’s  lifetime.—Where  a  bequest  has  been  made  to  any  child  or other  lineal  descendant  of  the 
testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the 
testator,  the  bequest  shall  not  lapse,  but  shall  take  effect  if  the  death  of  the  legatee  had  happened 
immediately after the death of the testator, unless a contrary intention appears by the Will. 

Illustration 

A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B 
dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to 
his widow. D. The money goes to D. 

110. Bequest to A for benefit of B does not lapse by A’s death.—Where a bequest is made to one 
person, for the benefit of another, the legacy does not lapse by the death, in the testator’s lifetime, of the 
person to whom the bequest is made. 

38 

111.  Survivorship  in  case  of  bequest  to  described  class.—Where  a  bequest  is  made  simply  to  a 

described class of persons, the thing bequeathed shall go only to such as are alive at the testator’s death. 

Exception.—If  property  is  bequeathed  to  a  class  of  persons  described  as  standing  in  a  particular 
degree of kindred to a specified individual, but their possession of it is deferred until a time later than the 
death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of 
them  as  are  then  alive,  and  to  the  representatives  of any  of  them  who  have  died  since  the  death of the 
testator. 

Illustrations 

(i) A bequeaths 1,000 rupees to “the children of B” without saying when it is to be distributed among them. B 
had died previous to the date of the will, leaving three children, C, D and E. E died after the date of the  will, but 
before the death of A. C and D survive A. The legacy will belong to C and D, to the exclusion of the representatives 
of E. 

(ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. At 
the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during 
the lifetime of A, C died, leaving E, his executor. D has survived A, D and E are jointly entitled to so much of the 
leasehold term as remains unexpired. 

(iii) A sum of money was bequeathed to A for her life, and after her decease to the children of 13. At the death 
of the testator, B had two children living, C and D, and, after that event, two children, E and F, were born to B. C 
and E died in the lifetime of A, C having made a will, E having made no will. A has died, leaving D and F surviving 
her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one to D, one 
to the administrator of E and oneto F. 

(iv) A bequeaths one-third of his lands to B for his life, and after his decease to the sisters of B. At the death of 
the testator, B had two sisters living, C and D, and after that event another sister E was born. C died during the life 
of B, D and E have survived B. One-third of A’s land belong to D, E and the representatives of C, in, equal shares. 

(v) A bequeaths 1,000 rupees to B for life and after his death equally among the children of C. Up to the death 

of B, C had not had any child. The bequest after the death of B is void. 

(vi)  A  bequeaths  1,000  rupees  to  “all  the  children  born  or to  be  born”  of  B  to  be  divided  among  them  at  the 
death of C. At the death of the testator, B has two children living, D and E. After the death of the testator, but in the 
lifetime of C, two other children, F and G, are born to B. After the death of C, another child is horn to B. The legacy 
belongs to D, E, F and G, to the exclusion of the after-born child of B. 

(vii) A bequeaths a fund to the children of B, to be divided among them when the eldest shall attain majority. At 
the testator's death, B had one child living, named C. He afterwards had two other children, named D and E. E died, 
but C and D were living  when C attained  majority. The  fund belongs to C, D and the representatives of E, to the 
exclusion of any child who may be born to B after C’s attaining majority. 

CHAPTER VII.—Of void Bequests 

112. Bequest to person by particular description, who is not in existence at testator’s death.—
Where a bequest is made to a person by a particular description, and there is no person in existence at the 
testator's death who answers the description, the bequest is void. 

Exception.—If  property  is  bequeathed  to  a  person  described  as  standing  in  a  particular  degree  of 
kindred to a specified individual, but his possession of it is deferred until a time later than the deathofthe 
testator, by reason of a prior bequest or otherwise; and if a person answering the description isalive at the 
death of the testator, or comes into existence between that event and such later time, the property shall, at 
such later time, go to that person, or, if he is dead, to his representatives. 

39 

Illustrations 

(i) A bequeaths 1,000 rupees to the eldest son of B. At the death of the testator, B has no son. The bequest is 

void. 

(ii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator, 

C had no son. Afterwards, during the life of B, a son is born to C. Upon B’s death the legacy goes to .C's son. 

(iii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator, 
C had no son. Afterwards, during the life of B, a son, named D, is born to C. D dies, then B dies. The legacy goes to 
the representative of D. 

(iv) A bequeaths  his estate of Green  Acre to be for life, and at his decease, to the eldest son of  C. Up to the 

death of B, C has had no son. The bequest to C’s eldest son is void. 

(v) A bequeaths 1,000 rupees to the eldest son of C, to be paid to him after the death of B. At the death of the 
testator C has no son, but a son is afterwards born to him during the life of B and is alive at B’s death. C’s son is 
entitled to the 1,000 rupees. 

113.  Bequest to  person  not  in  existence  at testator's  death  subject  to  prior bequest.—Where a 
bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest 
contained  in  the  will,  the  later  bequest  shall  be  void,  unless  it  comprises  the  whole  of  the  remaining 
interest of the testator in the thing bequeathed. 

Illustrations 

(i) Property is bequeathed to A for his life, and after his death to his eldest son for life, and after the death of the 
latter  to  his  eldest  son.  At  the  time  of  the  testator’s  death,  A  has  no  son.  Here  the  bequest  to  A’s  eldest  son  is  a 
bequest to a person not in existence at the testator’s death. It is not a bequest of the whole interest that remains to the 
testator. The bequest to A’s eldest son for his life is void. 

(ii) A fund is bequeathed to A for his life, and after his death to his daughters. A survives the testator. A has 
daughters some of whom were not in existence at the testator’s death. The bequest to A’s daughters comprises the 
whole interest that remains to the testator in the thing bequeathed. The bequest to A’s daughters is valid. 

(iii) A fund is bequeathed to A for his life, and after his death to his daughters, with a direction that, if any of 
them marries under the age of eighteen, her portion shall be settled so that it may belong, to herself for life and may 
be divisible among her children after her death. A has no daughters living at the time of the testator’s death, but has 
daughters  born  afterwards  who  survive  him.  Here  the  direction  for  a  settlement  has  the  effect  in  the  case  of  each 
daughter who marries under eighteen of substituting for the absolute bequest to her a bequest to her merely for her 
life; that is to say, a bequest to a person not in existence at the time of the testator’s death of something which is less 
than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund is void. 

(iv) A bequeaths a sum of money to B for life, and directs that upon the death of B the fund shall be settled upon 
his daughters, so that the portion of each  daughter  may belong  to herself for life, and  may be  divided among  her 
children after her death. B has no daughter living at the time of the testator’s death. In this case the only bequest to 
the daughters of B is contained in the direction to settle the fund, and this direction amounts to a bequest to persons 
not  yet  born,  of  a  life-interest  in  the  fund,  that  is  to  say,  of  something  which  is  less  than  the  whole  interest  that 
remains to the testator in the thing bequeathed. The direction to settle the fund upon the daughters of B is void. 

114. Rule against perpetuity.—No bequest is valid whereby the vesting of the thing bequeathed may 
be delayed beyond the life-time of one or more persons living at the testator’s death and the minority of 
some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, 
the thing bequeathed is to belong. 

40 

Illustrations 

(i) A fund is bequeathed to A for his life and after his death to B for his life; and after B’s death to such of the 
sons of B as shall first attain the age of 25. A and B survive the testator. Here the son of B who shall first attain the 
age of 25 may be a son born after the death of the testator; such son may not attain 25 until more than 18 years have 
elapsed from the death of the longer liver of A and B; and the vesting of the fund may thus be delayed beyond the 
lifetime of A and B and the minority of the sons of B. The bequest after B's death is void. 

(ii) A fund is bequeathed to A for his life, and after his death to B for his life, and after B’s death to such of B's 
sons as shall first attain the age of 25. B dies in the lifetime of the testator, leaving one or more sons. In this case the 
sons of B are persons living at the  time  of the testator’s decease, and the time ashen either of them  will attain 25 
necessarily falls within his own lifetime. The bequest is valid. 

(iii) A fund is bequeathed to A for his life,  and after his death to B for his life, with a direction that after B’s 
death it shall be divided amongst such of B’s children as shall attain the age of 18, but that, if no child of B shall 
attain  that  age,  the  fund  shall  go  to  C.  Here  the  time  for  the  division  of  the  fund  must  arrive  at  the  latest  at  the 
expiration of 18 years from the death of B, a person living at the testator's decease. All the bequests are valid. 

(iv) A fund is bequeathed to trustees for the benefit of the testator’s daughters, with a direction that, if any of 
them  marry  under  age,  her  share  of  the  fund  shall  be  settled  so  as  to  devolve  after  her  death  upon  such  of  her 
children as shall attain the age of 18. Any daugther of the testator to whom the direction applies must be in existence 
at his decease, and any portion of the fund which may eventually be settled as directed must vest not later than 18 
years from the death of the daughters whose share it was. All these provisions are valid. 

115.  Bequest  to  a  class  some  of  whom  may  come  under  rules  in  sections  113  and  114.—If  a 
bequest  is  made  to  a  class  of  persons  with  regard  to  some  of  whom  it  is  inoperative  by  reason  of  the 
provisions of section 113 or section 114, such bequest shall be 1[void in regard to those persons only, and 
not in regard to the whole class]. 

Illustrations 

(i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of  25. A 
survives the testator, and has some children living at the testator’s death. Each child of A’s living at the testator’s 
death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the 
testator’s  decease,  some  of  whom  may  not  attain  the  age  of  25  until  more  than  18  years  have  elapsed  after  the 
decease of A. The bequest to A’s children, therefore, is inoperative as to any child born after the testator’s death; 
2[and in regard to those who do not attain the age of 25 within 18 years after A’s death, but is operative in regard to 
the other children of Al 

(ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall 
attain the age of 25. B, C, D are children of A living at the testator’s decease. In all other respects the case is the 
same as that supposed in Illustration (i).  2[Although the mention of B, C and D does not prevent the bequest from 
being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D, 
who attain the age of 25 within 18 years after A’s death]. 

3[116.  Bequest  to  take  effect  on  failure  of  prior  bequest.—Where  by  reason  of  any  of  the  rules 
contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in 
regard to such person or the whole of such class, any bequest contained in the same will and intended to 
take effect after or upon failure of such prior bequest is also void.] 

1. Subs. by Act 21 of 1929, s. 14, for “wholly void”. 

2. Subs. by s. 14, ibid., for certain words. 

3. Subs. by s. 14, ibid., for section 116. 

41 

                                                      
Illustrations 

(i) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, 
for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take 
effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 
114. The bequest to B is void. 

(ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 
25, and, if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take 
effect upon failure of the bequest to such of A’s sons as shall first attain the age of 25, which bequest is void under 
section 114. The bequest to B is void. 

1[117. Effect of direction for accumulation.—(1) Where the terms of a will direct that the income 
arising from any property shall be accumulated either wholly or in part during any period longer than a 
period of eighteen years from the death of the testator, such direction shall, save as hereinafter provided, 
be void to the extent to which the period during which the accumulation is directed exceeds the aforesaid 
period,  and  at  the  end  of  such  period  of  eighteen  years  the  property  and  the  income  thereof  shall  be 
disposed of as if the period during which the accumulation has been directed to be made had elapsed. 

(2) This section shall not effect any direction for accumulation for the purpose of—  

(i) the payment of the debts of the testator or any other person taking any interest under the will, 

or 

(ii)the  provision  of  portions  for  children  or  remoter  issue of the testator  or  of  any  other person 

taking any interest under the will, or 

(iii) the preservation or maintenance of any property bequeathed;  

and such direction may be made accordingly.] 

118.  Bequest  to  religious  or  charitable  uses.—No  man  having  a  nephew  or  niece  or  any  nearer 
relative  shall  have  power  to  bequeath  any  property  to  religious  or  charitable  uses,  except  by  a  will 
executed not less than twelve months before his death, and deposited within six months from its execution 
in some place provided by law for the safe custody of the wills of living persons: 

2[Provided that nothing in this section shall apply to a Parsi.] 

Illustrations 

A having a nephew makes a bequest by a will not executed and deposited as required—  

for the relief of poor people; 

for the maintenance of sick soldiers; 

for the erection or support of a hospital; 

for the education and preferment of orphans; 

for the support of scholars; 

for the erection or support of a school; 

for the building and repairs of a bridge; 

for the making of roads; 

for the erection or support of a church; 

for the repairs of a church; 

for the benefit of ministers of religion; 

for the formation or support of a public garden; 

All these bequests are void. 

1. Subs. by Act 21 of 1929, s. 14, for section 117. 
2. Ins. by Act 51 of 1991, s. 6. 

42 

                                                      
CHAPTER VIII.—Of the vesting of Legacies 

119. Date of vesting of legacy when payment or possession postponed.—Where by the terms of a 
bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at 
the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the 
testator's  death,  and  shall  pass  to  the  legatee's  representatives  if  he  dies  before  that  time  and  without 
having received the legacy, and in such cases the legacy is from the testator's death said to be vested in 
interest. 

Explanation.—An intention that a legacy to any person shall not become vested in interest in him is 
not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is 
postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income 
arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from 
a provision that, if a particular event shall happen, the legacy shall go over to another person. 

Illustrations 

(i) A bequeaths to B 100 rupees, to be paid to him at the death of C. On A’s death the legacy becomes vested in 

interest in B, and if he dies before C, his representatives are entitled to the legacy. 

(ii) A bequeaths to B 100 rupees, to be paid to him upon his attaining the age of 18. On A’s death the legacy 

becomes vested in interest B. 

(iii) A fund is bequeathed to A for life, and after his death to B. On the testator’s death the legacy to B becomes 

vested in interest in B. 

(iv) A fund is bequeathed to A until B attains the age of 18 and then to B. The legacy to B is vested in interest 

from the testator’s death. . 

(v) A bequeaths the whole of his property to B upon trust to pay certain debts out of the income, and then to 

make over the fund to C. At A’s death the gift to C becomes vested in interest in him. 

(vi)  A  fund  is  bequeathed  to  A,  B  and  C  in  equal  shares  to  be  paid  to  them  on  their  attaining  the  age  of  18, 
respectively,  with  a  proviso  that,  if  all  of  them  die  under  the  age  of  18,  the  legacy  shall  devolve  upon  D.  On  the 
death of the testator, the shares vested in interest in A, B and C, subject to be divested in case A, B and C shall all 
die under 18, and, upon the death of any of them (except the last  survivor) under the age of 18, his vested interest 
passes, so subject, to his representatives. 

120.  Date  of  vesting  when  legacy  contingent  upon  specified  uncertain  event.—(1)  A  legacy 

bequeathed in case a specified uncertain event shall happen does not vest until that event happens. 

(2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the 

happening of that event becomes impossible. 

(3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent. 

Exception.—Where  a fund  is bequeathed to  any  person  upon his  attaining  a  particular  age,  and  the 
will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs 
the income, or so much of it as may be necessary, to be applied for his benefit, the bequestof the fund is 
not contingent. 

Illustrations 

(i) A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. D has a contingent interest 

in the legacy until A, B and C all die under 18, or one of them attains that age. 

(ii) A sum of money is bequeathed to A “in case he shall attain the age of 18,” or “when he shall attain the age 

of 18”. A’s interest in the legacy is contingent until the condition is fulfilled by his attaining that age. 

(iii) An estate is bequeathed to A for life, and after his death to B if B shall then be living; but ifB shall not be 
then living to C. A, B and C survive the testator. B and C each take a contingent interest in the estate until the event 
which is to vest it in one, or in the other has happened. 

43 

(iv) An estate is bequeathed as in the case last supposed. B dies in the lifetime of A and C. Upon the death of B, 

C acquires a vested right to obtain possession of the estate upon A’s death. 

(v)  A  legacy  is  bequeathed  to  A  when  she  shall  attain  the  age  of  18,  or  shall  marry  under  that  age  with  the 
consent of B, with a proviso that, if she neither attains 18 nor marries under that age with B’s consent, the legacy 
shall go to C. A and C each take a contingent interest in the legacy. A attains the age of 18. A becomes absolutely 
entitled to the legacy although she may have married under 18 without the consent of B. 

(vi) An estate is bequeathed to A until he  shall  marry and  after that event to B. B’s interest in the bequest is 

contingent until the condition is fulfilled by A's marrying. 

(vii) An estate is bequeathed to A until he shall take advantage of any law for the relief of insolvent debtors, and 

after that event to B. B’s interest in the bequest is contingent until A takes advantage of such a law. 

(viii) An estate is bequeathed to A if he shall pay 500 rupees to B. A’s interest in the bequest is contingent until 

he has paid 500 rupees to B. 

(ix) A leaves his farm of SultanpurKhurd to B, if B shall convey his own farm of SultanpurBuzurg to C. B’s 

interest in the bequest is contingent until he has conveyed the latter farm to C. 

(x) A fund is bequeathed to A if B shall not marry C within five years after the testator’s death. A’s interest in 
the legacy is contingent until the condition is fulfilled by the expiration of the five years without B’s having married 
C, or by the occurrence within that period of an event which makes the fulfilment of the condition impossible. 

(xi) A fund is bequeathed to A if B shall not make any provision for him by will. The legacy is contingent until 

B's death. 

(xii)  A  bequeaths  of  B  500  rupees  a  year  upon  his  attaining  the  age  of  18,  and  directs  that  the  interest,  or  a 

competent part thereof, shall be applied for his benefit until he reaches that age. The legacy is vested. 

(xiii)  A  bequeaths  to  B  500  rupees  when  he  shall  attain  the  age  of  18  and  directs  that  a  certain  sum,  out  of 

another fund, shall be applied for his maintenance until he arrives at that age. The legacy is contingent. 

121. Vesting of interest in bequest to such members of a class as shall have attained particular 
age.—Where a bequest is made only to such members of a class as shall have attained a particular age, a 
person who has not attained that age cannot have a vested interest in the legacy. 

Illustration 

A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any 
child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually 
entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested 
interest in the bequest. 

CHAPTER IX.—Of Onerous Bequests 

122. Onerous bequests.—Where a bequest imposes an obligation on the legatee, he can take nothing 

by it unless he accepts it fully. 

Illustration 

A,  having  shares  in  (X),  a  prosperous  joint  stock  company  and  also  shares  in  (Y),  a  joint  stock  company  in 
difficulties, in respect of  which shares  heavy calls are  expected to be made, bequeaths to B all his shares in joint 
stock companies; B refuses to accept the shares in (Y). He forfeits the shares in (X). 

123.  One  of  two  separate  and  independent  bequests  to  same  person  may  be  accepted,  and 
otherrefused.—Where  a  will  contains  two  separate  and  independent  bequests  to  the  same  person,  the 
legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and 
the latter onerous. 

44 

Illustration 

A,  having  a  lease  for  a  term  of  years  of  a  house  at  a  rent  which  he  and  his  representatives  are  bound  to  pay 
during the term, and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. B 
refuses to accept the lease. He will not by this refusal forfeit the money. 

CHAPTER X.—Of Contingent Bequests 

124.  Bequest  contingent  upon  specified  uncertain  event,  no  time  being  mentioned  for  its 
occurrence.—Where  a  legacy  is  given  if  a  specified  uncertain  event  shall  happen  and  no  time  is 
mentioned in the  will  for the  occurrence  of that  event,  the legacy  cannot take  effect,  unless  such  event 
happens before the period when the fund bequeathed is payable or distributable. 

Illustrations 

(i) A legacy is bequeathed to A, and, in case of his death, to B. If A survives the testator, the legacy to B does 

not take effect. 

(ii) A legacy is bequeathed to A, and, in case of his death without children, to B. If A survives the testator or 

dies in his lifetime leaving a child, the legacy to B does not take effect. 

(iii) A legacy is bequeathed to A when and if he attains the age of 18, and, in case of his death, to B. A attains 

the age of 18. The Legacy to B does not take effect. 

(iv) A legacy is bequeathed to A for life, and, after his death to B, and, “in case of B’s death without children,” 
to  C.  The  words  “in  case  of  B’s  death  without  children”  are  to  be  understood  as  meaning  in  case  B  dies  without 
children during the lifetime of A. 

(v) A legacy is bequeathed to A for life, and, after his death to B, and, “in case of B’s death,” to C. The words 

“in case of B’s death” are to be considered as meaning “in case B dies in the lifetime of A”. 

125.  Bequest  to  such  of  certain  persons  as  shall  be  surviving  at  some  period  not  specified.—
Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact 
period  is  not  specified  the  legacy  shall  go  to  such  of  them  as  are  alive  at  the  time  of  payment  or 
distribution, unless a contrary intention appears by the will. 

Illustrations 

(i) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A 
and B survive the testator, the legacy is equally divided between them. If A dies before the testator, and B survives 
the testator, it goes to B. 

(ii) Property is bequeathed to A for life, and, after his death, to B and C, to be equally divided between them, or 

to the survivor of them. B dies during the life of A; C survives A. At A’s death the legacy goes to C. 

(iii) Property is bequeathed to A for life, and after his death to B and C, or the survivor, with a direction that, if 
B  should  not  survive  the  testator,  his  children  are  to  stand  in  his  place.  C  dies  during  the  life  of  the  testator;  B 
survives the testator, but dies in the lifetime of A. The legacy goes to the representative of B. 

(iv) Property is bequeathed to A for life, and, after his death, to B and C, with a direction that, in case either of 
them dies in the lifetime of A, the whole shall go to the survivor. B dies in the lifetime of A. Afterward C dies in the 
lifetime of A. The legacy goes to the representative of C. 

CHAPTER XI.—Of Conditional Bequests 

126. Bequest upon impossible condition.—A bequest upon an impossible condition is void. 

45 

Illustrations 

(i) An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void. 

(ii) A bequeaths 500 rupees to B on condition that he shall marry A’s daughter. A’s daughter was dead at the 

date of the will. The bequest is void. 

127.  Bequest  upon  illegal  or  immoral  condition.—A  bequest  upon  a  condition,  the  fulfilment  of 

which would be contrary to law or to morality is void. 

Illustrations 

(i) A bequeaths 500 rupees to B on condition that he shall murder C. The bequest is void. 

(ii) A bequeaths 5,000 rupees to his niece if she will desert her husband. The bequest is void. 

128. Fulfilment of condition precedent to vesting of legacy.—Where a will imposes a condition to 
be  fulfilled  before  the  legatee can take  a  vested interest in the  thing  bequeathed,  the  condition shall  be 
considered to have been fulfilled if it has been substantially complied with. 

Illustrations 

(i) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C, D and E. A marries 
with the written consent of B. C is present at the marriage. D sends a present to A previous to the marriage. E has 
been personally informed by A of his intentions, and has made no objection. A has fulfilled the condition. 

(ii) A legacy is bequeathed to A on condition that  he  shall  marry  with the consent of  B, C and D. D dies.  A 

marries with the consent of B and C. A has fulfilled the condition. 

(iii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries in 

the lifetime of B, C and D, with the consent of B and C only. A has not fulfilled the condition. 

(iv) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A obtains the 
unconditional assent of B, C and D to his marriage with E. Afterwards B, C and D capriciously retract their consent. 
A marries E. A has fulfilled the condition. 

(v) A legacy is bequeathed to A on condition  that he  shall  marry  with the  consent of B, C and D.  A  marries 

without the consent of B, C and D, but obtains their consent after the marriage. A has not fulfilled the condition. 

(vi)  A  make  his  will  whereby  he  bequeaths  a  sum  of  money  to  B  if  B  shall  marry  with  the  consent  of  A’s 
executors. B marries during the lifetime of A, and A afterwards expresses his approbation of the marriage. A dies. 
The bequest to B takes effect. 

(vii)  A  legacy  is  bequeathed  to  A  if  he  executes  a  certain  document  within  a  time  specified  in  the  will.  The 
document  is  executed  by  A  within  a  reasonable  time,  but  not  within  the  time  specified  in  the  will.  A  has  not 
performed the condition, and is not entitled to receive the legacy. 

129. Bequest to A and on failure of prior  bequest to B.—Where there is a bequest to one person 
and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take 
effect  upon  the  failure  of  the  prior  bequest  although  the  failure  may  not  have  occurred  in  the  manner 
contemplated by the testator. 

Illustrations 

(i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies 

without having ever had a child. The bequest to B takes effect. 

(ii)  A  bequeaths  a  sum  of  money  to  B,  on  condition  that  he  shall  execute  a  certain  document  within  three 
months after A’s death, and, if he should neglect to do so, to C. B dies in the testator’s lifetime. The bequest to C 
takes effect. 

46 

130. When second bequest not to take effect on failure of first.—Where the will shows anintention 
that  the  second  bequest  shall  take  effect  only  in  the  event  of  the  first  bequest  failing  in  a  particular 
manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. 

Illustration 

A  makes  a  bequest  to  his  wife,  but  in  case  she  should  die  in  his  lifetime,  bequeaths  to  B  that  which  he  had 
bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she 
died before him, the bequest to B does not take effect. 

131. Bequest over, conditional upon happening or not happening of specified uncertain event.—
(1)  A  bequest  may  be  made  to  any  person  with  the  condition  super-added,  that,  in  case  a  specified 
uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified 
uncertain event shall not happen, the thing bequeathed shall go over to another person. 

(2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123, 

124, 125, 126, 127, 129 and 130. 

Illustrations 

(i) A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he shall die before he attains 

that age, to B. A takes a vested interest in the legacy, subject to be divested and to go to B in case A dies under 18. 

(ii) An estate is bequeathed to A with a proviso that if A shall dispute the competency of the testator to make a 

will, the estate shall go to B. A disputes the competency of the testator to make a will. The estate goes to B. 

(iii) A sum of money is bequeathed to A for life, and, after his death, to B, but if B shall then be dead leaving a 
son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies 
leaving a son in A’s lifetime. 

(iv) A sum of money is bequeathed to A and B, and if either should die during the life of C, then to the survivor 
living at the death of C. A and B die before C. The gift over cannot take effect, but the representative of A takes one-
half of the money, and the representative of B takes the other half. 

(v) A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among 
her  three  children,  or  such  of  them  as  shall  he  living  at  her  death.  All  the  children  of  B  die  in  B’s  lifetime.  The 
bequest over cannot take effect, but the interests of the children pass to their representatives. 

132. Condition must be strictly fulfilled.—An ulterior bequest of the kind contemplated by section 

131 cannot take effect, unless the condition is strictly fulfilled. 

Illustrations 

(i) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, C and D, the legacy 

shall go to E. E' dies. Even if A marries without the consent of B and C, the gift to E does not take effect. 

(ii) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, the legacy shall go 
to C. A marries with the consent of B. He afterwards becomes a widower and marries again without the consent of 
B. The bequest to C does not take effect. 

(iii) A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries 
without the consent of B, the legacy shall go to C. A marries under 18, without the consent of B. The bequest to C 
takes effect. 

133. Original bequest not affected by invalidity of second.—If the ulterior bequest be not valid the 

original bequest is not affected by it. 

47 

Illustrations 

(i) An estate is bequeathed to A for his life with condition super-added that, if he shall not on a given day walk 
100 miles in an hour, the estate shall go to B. The condition being void, A retains his estate as if no condition had 
been inserted in the will. 

(ii) An estate is bequeathed to A for her life and, if she do not desert her husband, to B. A is entitled to the estate 

during her life as if no condition had been inserted in the will. 

(iii) An estate is bequeathed to A for life, and, if he marries, to the eldest son of B for life. B, at the date of the 
testator’s death, had not had a son. The bequest over is void under section 105, and A is entitled to the estate during 
his life. 

134.  Bequest  conditioned  that  it  shall  cease  to  have  effect  in  case  a  specified  uncertain  event 
shall  happen,  or  not  happen.—A  bequest  may  be  made  with  the  condition  super-added  that  it  shall 
cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event 
shall not happen. 

Illustrations 

(i) An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the 

bequest shall cease to have any effect. A cuts down the wood. He loses his life-interest in the estate. 

(ii) An estate is bequeathed to A, provided that, if  he  marries under the age of 25  without the consent of the 
executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the 
executors. The estate ceases to belong to him. 

(iii)  An  estate  is  bequeathed  to  A,  provided  that,  if  he  shall  not  go  to  England  within  three  years  after  the 
testator's  death,  his  interest  in  the  estate  shall  cease.  A  does  not  go  to  England  within  the  time  prescribed.  His 
interest in the estate ceases. 

(iv) An estate is bequeathed to A, with a proviso that, if she becomes a nun, she shall cease to have any interest 

in the estate. A becomes a nun. She loses her interest under the will. 

(v) A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if 
B shall become a nun, the bequest to her shall cease to have any effect. B becomes a nun in the lifetime of A. She 
thereby loses her contingent interest in the fund. 

135.  Such  condition  must  not  be  invalid  under  section  120.—In  order  that  a  condition  that  a 
bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one 
which could legally constitute the condition of a bequest as contemplated by section 120. 

136.  Result  of  legatee  rendering  impossible  or  indefinitely  postponing  act  for  which  no  time 
specified,  and  on  non-performance  of  which  subject-matter  to  go  over.—Wherea  bequest  is  made 
with a condition super-added that, unless the legatee shall perform a certain act, thesubject-matter of the 
bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the 
performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones 
the performance of the act required, the legacy shall go as if the legatee had died without performing such 
act. 

Illustrations 

(i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes 
Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. 

(ii)  A  bequest  is  made  to  A,  with  a  proviso  that  it  shall  cease  to  have  any  effect  if  he  does  not  marry  B's 
daughter.  A  marries  a  stranger  and  thereby  indefinitely  postpones  the  fulfilment  of  the  conditions.  The  bequest 
ceases to have effect. 

137. Performance of condition, precedent or subsequent, within specified time. Further time In 
case  of  fraud.—Where the will requires an act to be performed by the legatee within a specified time, 
either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment 
of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to 
have  effect,  the  act  must  be  performed  within  the  time  specified,  unless  the  performance  of  it  be 
prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for 
the delay caused by such fraud. 

48 

CHAPTER XII.—Of Bequests with Directions as to Application or Enjoyment 

138. Direction that fund be employed in particular manner following absolute bequest of same 
to  or  for  benefit  of  any  person.—Where  a fund  is  bequeathed  absolutely  to  or  for the  benefit  of  any 
person,  but  the  will  contains  a  direction  that  it  shall  be  applied  or  enjoyed  in  a  particular  manner,  the 
legatee shall be entitled to receive the fund as if the will had contained no such direction. 

Illustration 

A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A, 

or to place A in any business. A choses to receive the legacy in money. He is entitled to do so. 

139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified 
benefit for legatee.—Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, 
but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified 
benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the 
will had contained no such direction. 

Illustrations 

(i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares 
of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. 
All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. 

(ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the 
fund and pay the income arising from it to her during her life, and divide the principal among her children after her 
death. The daughter dies without having ever had a child. Her representatives are entitled to the fund. 

140. Bequest of fund for certain purposes, some of which cannot be fulfilled.—Where a testator 
does not absolutely bequeath a fund, so as to sever it from his own estate, but gives it for certain purposes, 
and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon 
the objects contemplated by the will, remains a part of the estate of the testator. 

Illustrations 

(i) A directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son 
for life, and at his death shall divide the principal among his children. The son dies without having ever had a child. 
The fund, after the son's death, belongs to the estate of the testator. 

(ii) A bequeaths the residue of his estate, to be divided equally among his daughters, with a direction that they 
are  to  have  the  interest  only  during  their  lives,  and  that  at  their  decease  the  fund  shall  go  to  their  children.  The 
daughters have no children. The fund belongs to the estate of the testator. 

CHAPTER XIII.—Of Bequests to an Executor 

141. Legatee named as executor cannot take unless be shows intention to act as executor.—If a 
legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless 
he proves the will or otherwise manifests an intention to act as executor. 

Illustration 

A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in 
the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act 
as executor. 

49 

CHAPTER XIV.—Of Specific Legacies 

142. Specific legacy defined.—Where a testator bequeaths to any person a specified part of his 
property, which is distinguished from all other parts of his property, the legacy is said to be specific. 

Illustrations 

(i) A bequeaths to B— 

“the diamond ring presented to me by C”: 

“my gold chain”: 

“a certain bale of wool”: 

“a certain piece of cloth”: 

“all my household goods which shall be in or about my dwelling-house in M. Street, in Calcutta, at time of my death”: 

“the sum of 1,000 rupees in a certain chest”: 

“the debt which B owes me”: 

“all my bills, bonds and securities belonging to me lying in my lodgings in Calcutta”: 

“all my furniture in my house in Calcutta”: 

“all my goods on board a certain ship now lying in the river Hughli”: 

“2,000 rupees which I have in the hands of C”: 

“the money due to me on the bond of D”: 

“my mortgage on the Rampur factory”: 

“one-half of the money owing to me on my mortgage of Rampur factory”: 

“1,000 rupees, being part of a debt due to me from C”: 

“my capital stock of 1,0001 in East India Stock”: 

“my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. Loan”: 

“all  such  sums  of  money  as  my  executors  may,  after  my-death,  receive  in  respect  of  the  debt  due  to  me  from  the 

insolvent firm of D and Company”: 

“all the wine which I may have in my cellar at the time of my death”: 

“such of my horses as B may select” 

“all my shares in the Imperial Bank of India”: 

“all my shares in the Imperial Bank Of India which I may possess at the time of my death”: 

“all the money which I have in the 51/2 per cent. loan of the Central Government”: 

“all the Government securities I shall be entitled to at the time of my decease”. 

Each of these legacies is specific. 

(ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors “Government promissory notes 

for 10,000 rupees in trust to sell” for the benefit of B. The legacy is specific. 

(iii)  A,  having  property  at  Benares,  and  also  in  other  places,  bequeaths  to  B  all  his  property  at  Benares.  The  legacy  is 

specific. 

(iv) A bequeaths to B—  

his house in Calcutta: 

his zamindari of Rampur: 

histaluq of Ramnagar: 

50 

his lease of the indigo-factory of Salkya: 

an annuity of 500 rupees out of the rents of his zamindari of W. 

A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B. 

Each of these bequests is specific. 

(v) A by his will charges his zamindari of Y with an annuity of 1,000 rupees to C during his life, and subject to 

this charge he bequeaths the zamindari to D. Each of these bequests is specific. 

(vi) A bequeaths a sum of money—  

to buy a house in Calcutta for B: 

to buy an estate in zilaFaridpur for B: 

to buy a diamond ring for B: 

to buy a horse for B: 

to be invested in shares in the Imperial Bank of India for B: 

to be invested in Government securities for B. 

A bequeaths to B— 

“a diamond ring”: 

“a horse”: 

“10,000 rupees worth of Government securities”: 

“an annuity of 500 rupees”: 

“2,000 rupees to be paid in cash”: 

“so much money as will produce 5,000 rupees four per cent. Government securities.” 

These bequests are not specific. 

(vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be 
paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be 
paid out of propertywhich he may leave in England. No one of these legacies is specific. 

143.  Bequest  of  certain  sum  where  stocks,  etc.,  in  which  invested  are  described.—Where  a 
certain  sum  is  bequeathed,  the  legacy  is  not  specific  merely  because  the  stock,  funds  or  securities  in 
which it is invested are described in the will. 

A bequeaths to B—  

“10,000 rupees of my funded property”: 

Illustration 

“10,000 rupees of my property now invested in shares of the East Indian Railway Company”: 

“10,000 rupees, at present secured by mortgage of Rampur factory”, 

No one of these legacies is specific. 

144. Bequest  of  stock where testator  had,  at  date of will, equal or  greater amount  of stock of 
same  kind.—Where  a  bequest  is  made  in  general  terms  of  a  certain  amount  of  any  kind  of  stock,  the 
legacy is not specific merely because the testator was, at the date of his will, possessed of stock of the 
specified kind, to an equal or greater amount than the amount bequeathed. 

A bequeaths to B 5,000 rupees five per cent. Government securities. A had at the .date of the will five per cent. 

Government securities for 5,000 rupees. The legacy is not specific. 

Illustration 

51 

145. Bequest of money where not payable until part of testator's property disposed of in certain 
way.—A money legacy is not specific merely because the will directs its payment to be postponed until 
some part of the property of the testator has been reduced to a certain form, or remitted to a certain place. 

Illustration 

A bequeaths to B 10,000 rupees and directs that this legacy shall be paid as soon as A’s property in India shall 

be realised in England. The legacy is not specific. 

146.  When  enumerated  articles  not  deemed  specifically  bequeathed.—Where  a  will  contains  a 
bequest of the residue of the testator's property along with an enumeration of some items of property not 
previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. 

147. Retention, in form, of specific bequest to several persons in succession.—Where property is 
specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the 
testator left it, although it may be of such a nature that its value is continually decreasing. 

Illustrations 

(i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has 
bequeathed the lease to B for his life, and after B’s death to C. B is to enjoy the property as A left it, although, if B 
lives for fifteen years, C can take nothing under the bequest. 

(ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C’ s death, to D. C is to 

enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest. 

148.  Sale  and  investment  of  proceeds  of  property  bequeathed  to  two  or  more  persons  in 
succession.—Where  property  comprised  in  a  bequest  to  two  or  more  persons  in  succession  is  not 
specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds 
of  the sale  shall  be  invested  in  such securities  as the High  Court  may  by  any  general  rule  authorise  or 
direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of 
the will. 

Illustration 

A, having a lease for a term of years, bequeaths all his property to B for life, and, after B’s death to C. The lease 
must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid 
to B for life. At B’s death the capital of the fund is to be paid to C. 

149.  Where  deficiency  of  assets  to  pay  legacies,  specific  legacy  not  to  abate  with  general 
legacies.—If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the 
general legacies. 

CHAPTER XV.—Of Demonstrative Legacies 

150.  Demonstrative  legacy  defined.—Where  a  testator  bequeaths  a  certain  sum  of  money,  or  a 
certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the 
same  the  primary  fund  or  stock  out  of  which  payment  is  to  be  made,  the  legacy  is  said  to  be 
demonstrative. 

Explanation.—The distinction between a specific legacy and a demonstrative legacy consists in this, 

that—  

where specified property is given to the legatee, the legacy is specific; 

where the legacy is directed to be paid out of specified property, it is demonstrative. 

Illustrations 

(i) A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees 

to be paid out of the debt due to him from W. The legacy to B is specific, the legacy to C is demonstrative. 

52 

(ii) A bequeaths to B—  

“ten bushels of the corn which shall grow in my field of Green Acre”: 

“80 chests of the indigo which shall be made at my factory of Rampur”: 

“10,000 rupees out of my five per cent.promissory notes of the Central Government”: 

“An annuity of 500 rupees from my funded property”: 

“1,000 rupees out of the sum of 2,000 rupees due to me by C”: 

An annuity, and directs it to be paid “out of the rents arising from my taluk of Ramnagar”. 

(iii) A bequeaths to B—  

“10,000 rupees out of my estate at Ramnagar,” or charges it on his estate at Ramnagar: 

“10,000 rupees, being my share of the capital embarked in a certain business.” 

Each of these bequests is demonstrative. 

151.  Order  of  payment  when  legacy  directed  to  be  paid  out  of  fund  the  subject  of  specific 
legacy.—Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of 
the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative 
legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the 
general assets of the testator. 

Illustration 

A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to 
be paid out of the debt due to him from W. The debt due to A from W is only 1,500 rupees; of these 1,500 rupees, 
1,000 rupees belong to B. and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets 
of the testator. 

CHAPTER XVI.—Of Ademption of Legacies 

152. Ademption explained.—If anything which has been specifically bequeathed does not belong to 
the testator at the time of his death, or has been converted into property of a different kind, the legacy is a 
deemed;  that  is,  it  cannot  take  effect,  by  reason  of  the  subject-matter  having  been  withdrawn  from  the 
operation of the will. 

Illustrations 

(i) A bequeaths to B—  

“the diamond ring presented to me by C”: 

“my gold chain”: 

“a certain bale of wool”: 

“a certain piece of cloth”: 

“all my household goods which shall be in or about my dwelling-house in M. Street in Calcutta, at the time 

of mydeath.” 

A in his life time,—  

sells or gives away the ring: 

converts the chain into a cup: 

converts the wool into cloth: 

makes the cloth into a garment: 

takes another house into which he removes all his goods. 

Each of these legacies is adeemed. 

(ii) A bequeaths to B—  

“the sum of 1,000 rupees, in a certain chest”: 

“all the horses in my stable”. 

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At the death of A, no money is found in the chest, and no horses in the stable. The legacies are adeemed. 

(iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are 

lost at sea, and A is drowned. The legacy is adeemed. 

153. Non-ademption of demonstrative legacy.—A demonstrative legacy is not adeemed by reason 
that the property on which it is charged by the will does not exist at the time of the death of the testator, or 
has been converted into property of a different kind, but it shall in such case be paid out of the general 
assets of the testator. 

154. Ademption of specific bequest of right to receive something from third party.—Where the 
thing specifically bequeathed is the right to receive something of value from a third party, and the testator 
himself receives it, the bequest is adeemed. 

Illustrations 

(i) A bequeaths to B—  

“the debt which C owes me”: 

“2,000 rupees which I have in the hands of D”: 

“the money due to me on the bond of E”: 

“my mortgage on the Rampur factory”, 

All these debts are extinguished in A’s lifetime, some with and some without his consent. All the legacies are 

adeemed. 

(ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the 

policies. The legacy is adeemed. 

155. Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.—
The  receipt  by  the  testator  of  a  part  of  an  entire  thing  specifically  bequeathed  shall  operate  as  an 
ademption of the legacy to the extent of the sum so received. 

Illustration 

A bequeaths to B “the debt due to me by C”. The debt amounts to 10,000 rupees. C pays to A 5,000 rupees the 

one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A. 

156.  Ademptionpro  tanto  by  testator’s  receipt  of  portion  of  entire  fund  of  which  portion  has 
been  specically  bequeathed.—If  a  portion  of  an  entire  fund  or  stock  is  specifically  bequeathed,  the 
receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of 
the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the 
specific legacy. 

Illustration 

A bequeaths to B one-half of the  sum of 10,000 rupees due  to him  from W.  A  in  his lifetime receives 6,000 
rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B 
under the specific bequest. 

157. Order of payment where portion of fund specifically bequeathed to one legatee, and legacy 
charged  on  same  fund  to  another,  and,  testator  having  received  portion  of  that  fund,  remainder 
insufficient to pay both legacies.—Where a portion of a fund is specifically bequeathed to one legatee, 
and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a 
portion  of  that  fund,  and  the  remainder  of  the  fund  is  insufficient  to  pay  both  the  specific  and  the 
demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be 
applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative 
legacy shall be paid out of the general assets of the testator. 

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Illustration 

A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him  from W. He  also bequeaths to C 
1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1[500] rupees, part of that debt, 
and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 
rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. 

158. Ademption where stock, specifically bequeathed, does not exist at testator’s death.—Where 
stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed. 

A bequeaths to B— 

“my capital stock of 1,000£ in East India Stock”: 

Illustration 

“my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan.” 

A sells the stock and the notes. The legacies are adeemed. 

159.  Ademptionpro tanto where  stock,  specifically bequeathed,  exists  in  part  only  at  testator's 
death.—Where stock which has been specifically bequeathed exists only in part at the testator's death, the 
legacy is adeemed so far as regards that part of the stock which has ceased to exist. 

Illustration 

A bequeaths to B his 10,000 rupees in the 51/2 per cent. loan of the Central Government. A sells one-half of his 

10,000 rupees in the loan in question. One-half of the legacy is adeemed. 

160. Non-ademption of specific bequest of goods described as connected with certain place, by 
reason  of  removal.—A  specific  bequest  of  goods  under  a  description  connecting  them  with  a  certain 
place is not adeemed by reason that they have been removed from such place from anytemporary cause, 
or by fraud, or without the knowledge or sanction of the testator. 

Illustrations 

(i) A bequeaths to B “all my households goods which shall be in or about my dwelling-house in Calcutta at the 
time of my death”. The goods are removed from the house to save them from fire. A dies before they arc brought 
back. 

(ii) A bequeaths to B “all my household goods which shall be in or about my dwelling-house in Calcutta at the 
time of my death”. During A's absence upon a journey, the whole of the goods are removed from the house. A dies 
without having sanctioned their removal. 

Neither of these legacies is adeemed. 

161.  When  removal  of  thing  bequeathed  does  not  constitute  ademption.—The  removal  of 
thething bequeathed from the place in which it is stated in the will to be situated does not constitute an 
ademption,  where  the  place  is  only  referred  to  in  order  to  complete  the  descriptionof  what  the  testator 
meant to bequeath. 

Illustrations 

(i)    A  bequeaths  to  B  “all  the  bills,  bonds  and  other  securities  for  money  belonging  to  me  now  lying  in  my 

lodgings in Calcutta”. At the time of his death these effects had been removed from his lodgings in Calcutta. 

(ii)  A  bequeaths  to  B  all  his  furniture  then  in  his  house  in  Calcutta.  The  testator  has  a  house  at  Calcutta  and 
another at Chinsurah, in which he lives alternately, being possessed ofone set of furniture only  which he removes 
with himself to each house. At the time of his death the furniture isin the house at Chinsurah. 

1. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “5,000”. 

55 

                                                      
(iii)  A  bequeaths  to  B  all  his  goods  on  board  a  certain  ship  then  lying  in  the  river  Hughli.  The  goods  are 

removed by A’s directions to a warehouse, in which they remain at the time of A's death. 

No one of these legacies is revoked by ademption. 

162.  When  thing  bequeathed  is  a  valuable  to  be  received  by  testator  from  third  person;  and 
testator  himself,  or  his  representative,  receives  it.—Where  the  thing  bequeathed  is  not  the  right  to 
receive  something  of  value  from  a  third  person,  but  the  money  or  other  commodity  which  may  be 
received from the third person by the testator himself or by his representatives, the receipt of such sum of 
money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the 
general mass of his property, the legacy is adeemed, 

Illustration 

A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C, 

and sets it apart from the general mass of his property. The legacy is not adeemed. 

163.  Change  by  operation  of  law  of  subject  of  specific  bequest  between  date  of  will  and 
testator’s  death.—Where  a  thing  specifically  bequeathed  undergoes  a  change  between  the  date  of  the 
will and the testator's death, and the change takes place by operation of law, or in the course of execution 
of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not 
adeemed by reason of such change. 

Illustrations 

A  bequeaths  to  B  “all  the  money  which  I  have  in  the  51/2  per  cent.  loan  of  the.  Central  Government”.The 

securities for the 51/2 per cent.loan are converted during A’s lifetime into 5 per cent. stock. 

A  bequeaths  to  B  the  sum  of  2,000  f  invested  in  Consols  in  the  names  of  trustees  for  A.  The  sum  of  2,000 

transferred by the trustees into A’s own name. 

A bequeaths to B the sum of 10,000 rupees in promissory notes of the Central government which he has power 
under his marriage settlement to dispose of by will. Afterwards, in A’s lifetime, the hind is converted into Consols 
by virtue of an authority contained in the settlement. 

No one of these legacies has been adeemed. 

164.  Change  of  subject  without  testator’s  knowledge.—Where  a  thing  specifically  bequeathed 
undergoes  a  change  between  the  date  of  the  will  and  the  testator’s  death,  and  the  change  takes  place 
without the knowledge or sanction of the testator, the legacy is not adeemed. 

Illustration 

A bequeaths to B “all my 3 per cent. Consols”. The Consols are, without A’s knowledge, sold by his 

agent, and the proceeds converted into East India Stock. This legacy is not adeemed. 

165. Stock specifically bequeathed lent to third party on condition that it be replaced.—Where 
stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced, 
and it is replaced accordingly, the legacy is not adeemed. 

166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death.—
Where  stock  specifically  bequeathed  is  sold,  and  an  equal  quantity  of  the  same  stock  is  afterwards 
purchased and belongs to the testator at his death, the legacy is not adeemed. 

CHAPTER XVII—Of the payment of liabilities in respect of the subject of a bequest. 

167.  Non-liability  of  executor  to  exonerate  specific  legatees.—(1)  Where  property  specifically 
bequeathed is subject at the death of the testator to any pledge, lien or incumbrance created by the testator 
himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the 
legatee,  if  he  accepts  the  bequest,  shall  accept  it  subject  to  such  pledge  or  incumbrance,  and  shall  (as 
between  himself  and  the  testator’s  estate)  be  liable  to  make  good  the  amount  of  such  pledge  or 
incumbrance, 

56 

(2) A contrary intention shall not be inferred from any direction  which the will may contain for the 

payment of the testator's debts generally. 

Explanation.—A periodical payment in the nature of land-revenue or in the nature of rent is not such 

an incumbrance as is contemplated by this section. 

Illustrations 

A bequeaths to B the diamond ring given him by C. At A’s death the ring is held in pawn by D to whom it has 
been pledged by A. It is the duty of A’s executors, if the state of the testator's assets will allow them, to allow B to 
redeem the ring. 

A bequeaths to B a zamindari which at A's death is subject to a mortgage for 10,000 rupees; and the whole of 
the  principal  sum,  together  with  interest  to  the  amount  of  1,000  rupees,  is  due  at  A's  death.  B,  if  he  accepts  the 
bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000 
rupees thus due. 

168.  Compeletion  of  testator’s  title  to  things  bequeathed  to  be  at  cost  of  his  estate.—Where 
anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of 
the testator's estate. 

Illustrations 

A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and 

dies before he has paid the purchase-money. The purchase-money must be made good out of A’s assets. 

A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be 
paid  down  and  the  other  half  secured  by  mortgage  of  the  land,  bequeaths  it  to  B,  and  dies  before  he  has  paid  or 
secured any part of the purchase-money. One-half of the purchase-money must be paid out of A’s assets. 

169.  Exoneration  of  legatee’s  immoveable  property  for  which  land-revenue  or  rent  payable 
periodically.—Where  there  is  a  bequest  of  any  interest  in  immovable  property  in  respect  of  which 
payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the 
testator shall (as between such estate and the legatee) make good such payments or a proportion of them, 
as the case may be, up to the day of his death. 

Illustration 

A bequeaths to B a house, in respect of which 365 rupees are payable annually by way of rent. A pays his rent 

at the usual time, and dies 25 days after. A’s estate will make good 25 rupees in respect of the rent. 

170.  Exoneration  of  specific  legatee’s  stock  in  joint-stock  company.—In  the  absence  of  any 
direction  in  the  will,  where  there  is  a  specific  bequest  of  stock  in  a joint-stock  company,  if  any  call  or 
other payment is due from the testator at the time of his death in respect of the stock, such call or payment 
shall,  as  between  the  testator's  estate  and  the  legatee,  be  borne  by  the  estate;  but,  if  any  call  or  other 
payment becomes due in respect of such stock after the testator's death, the same shall, as  between the 
testator’s estate and the legatee, be borne by the legatee, if he accepts the bequest. 

Illustrations 

A bequeaths to B his shares in a certain railway. At A’s death there was due from him the sum of 100 rupees in 
respect of each share, being the amount of a call which had been duly made, and the sum of five rupees in respect of 
each share, being the amount of interest which had accrued due in respect of the call. These payments must be borne 
by A’s estate. 

A has agreed to take 50 shares in an intended joint-stock company, and has contracted to pay up 100 rupees in 
respect of each share,  which sum  must be paid before his title to the shares can be completed. A bequeaths these 
shares to B. The estate of A must make good the payments which were necessary to complete A’s title. 

57 

(iii)A  bequeaths  to  B  his  shares  in  a  certain  railway.  B  accepts  the  legacy.  After  A's  death,  a  call  is  made  in 

respect of the shares. B must pay the call. 

(iv) A bequeaths to B his shares in a joint-stock company. B accepts the bequest. Afterwards the affairs of the 
company are wound up, and each shareholder is called upon for contribution. The amount of the contribution must 
be borne by the legatee. 

(v) A is the owner of ten shares in a railway company. At a meeting held during his lifetime a call is made of 
fifty rupees per share, payable by three instalments. A bequeaths his shares to B, and dies between the day fixed for 
the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first 
instalment.  A’s  estate  must  pay  the  first  instalment,  and  B,  if  he  accepts  the  legacy,  must  pay  the  remaining 
instalments. 

CHAPTER XVIII.—Of Bequests of Things described in General Terms 

171. Bequest of thing described in general terms.—If there is a bequest of something described in 
general terms, the executor must purchase for the legatee what may reasonably be considered to answer 
the description. 

Illustrations 

(i) A bequeaths to B a pair of carriage-horses or a diamond ring. The executor  must provide  the  legatee  with 

such articles if the state of the assets will allow it. 

(ii) A bequeaths to B “my pair of carriage-horses”. A had no carriage horses at the time of his death. The legacy 

fails. 

CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund 

172.  Bequest  of  interest  or  produce  of  fund.—Where  the  interest  or  produce  of  a  fund  is 
bequeathed  to  any  person,  and  the  will  affords  no  indication  of  an  intention  that  the  enjoyment  of  the 
bequest should be of limited duration, the principal, as well as the interest, shall belong to the legatee. 

Illustrations 

(i)  A  bequeaths  to  B  the  interest  of  his  5  per  cent.  promissory  notes  of  the  Central  Government.  There  is  no 
other  clause  in  the  will  affecting  those  securities.  B  is  entitled  to  A’s  5  per  cent.  promissory  notes  of  the  Central 
Government. 

(ii) A bequeaths the interest of his 51/2 per cent. promissory notes of the Central Government to B for his life, 
and after his death to C. B is entitled to the interest of the notes during his life, and C is entitled to the notes upon B's 
death. 

(iii) A bequeaths to B the rents of his lands at X. B is entitled to the lands. 

CHAPTER XX.—Of Bequests of Annuities 

173. Annuity created by will payable for life only unless contrary intention appears by will.—
Where an annuity is created by will, the legatee is entitled to receive it for his life only, unless a contrary 
intention appears by the will, notwithstanding that the annuity is directed to be paid out of the property 
generally, or that a sum of money is bequeathed to be invested in the purchase of it. 

Illustrations 

(i) A bequeaths to B 500 rupees a year. B is entitled during his life to receive the annual sum of 500 rupees. 

(ii)  A  bequeaths  to  B  the  sum  of  500  rupees  monthly.  B  is  entitled  during  his  life  to  receive  the  sum  of  500 

rupees every month. 

(iii) A bequeaths an annuity of 500 rupees to B for life, and on B’s death to C. B is entitled to an annuity of 500 
rupees during his life. C, if he survives B, is entitled to an annuity of 500 rupees from B’s death until his own death. 

58 

174. Period of vesting where will directs that annuity be provided out of proceeds of property, 
or out of property generally, or where money bequeathed to be invested in purchase of annuity.—
Where the will directs that an annuity shall be provided for any person out of the proceeds of property, or 
out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for 
any  person,  on  the  testator's  death,  the  legacy  vests  in  interest  in  the  legatee,  and  he  is  entitled  at  his 
option to have an annuity purchased for him or to receive the money appropriated for that purpose by the 
will. 

Illustrations 

(i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupees for B. 
B is entitled at his option to have an annuity of 1,000 rupees for his life purchased for him or to receive such a sum 
as will be sufficient for the purchase of such an annuity. 

(ii) A bequeaths a fund to B for his life, and directs that after B’s death, it shall be laid out in the purchase of an 
annuity  for  C.  B  and  C  survive  the  testator.  C  dies  in  B'S  lifetime.  On  B’s  death  the,fund  belongs  to  the 
representative of C. 

175. Abatement of annuity.—Where an annuity is bequeathed, but the assets of the testator are not 
sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the 
other pecuniary legacies given by the will. 

176. Where gift of annuity and residuary gift, whole annuity to be first satisfied.—Where there is 
a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the 
residue is paid to the residuary legatee, and, if necessary, the capital of the testator's estate shall be applied 
for that purpose. 

CHAPTER XXI.—Of Legacies to creditors and Portioners 

177. Creditor prima facie entitled to legacy as well as debt.—Where a debtor bequeaths a legacy to 
his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the 
creditor shall be entitled to the legacy, as well as to the amount of the debt. 

178.  Child  prima  facie  entitled  to  legacy  as  well  as  portion.—Where  a  parent,  who  is  under 
obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to 
the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the 
child shall be entitled to receive -the legacy, as well as the portion. 

Illustration 

A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the 
daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. 
A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit 
of this bequest in addition totheir portions. 

179. No ademption by-subsequent provision for legatee.—No bequest shall be wholly or partially 

adeemed by a subsequent provision made by settlement or otherwise for the legatee. 

Illustrations 

(i) A bequeaths 20,000 rupees to his son B. He afterwards gives to B the sum of 20,000 rupees. The legacy is 

not therebyadeemed. 

(ii) A bequeaths 40,000 rupees to B, his orphan niece whom he had brought up from her infancy. Afterwards, 
on the occasion of B’s marriage, A settles upon her the sum of 30,000 rupees. The legacy is not thereby diminished. 

CHAPTER—XXII.—Of Election 

180.  Circumstances  in  which  election  takes  place.—Where  a  person,  by  his  will,  professes  to 
dispose of some thing which he has no right to dispose of, the person to whom the thing belongs shall 
elect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up any 
benefits which may have been provided for him by the will. 

59 

181. Devolution of interest relinquished by owner.—An interest relinquished in the circumstances 
stated in section 180 shall devolve as if it had not been disposed of by the will in favour of the legatee, 
subject, nevertheless, to the charge of making good to the disappointed legatee the amount or value of the 
gift attempted to be given to him by the will. 

182.  Testator’s  belief  as  to  his  ownership  immaterial.—The  provisions  of  sections  180  and  181 
apply whether the testator does or does not believe that which he professes to dispose of by his will to be 
his own. 

Illustrations 

(i) The farm of Sultanpur was the property of C. A bequeathed it to B, giving a legacy of 1,000 rupees to C. C 
has  elected  to  retain  his  farm  of  Sultanpur,  which  is  worth  800  rupees.  C  forfeits  his  legacy  of  1,000  rupees,  of 
which 800 rupees goes to B, and the remaining 200 rupees falls into the residuary bequest, or devolves according to 
the rules of intestate succession, as the case may be. 

(ii) A bequeaths an estate to B in case B’s elder brother (who is married and has children) shall leave no issue 
living at his death. A also bequeaths to C a jewel, which belongs to B.  B must elect to give up the jewel or to lose 
the estate. 

(iii) A bequeaths to B 1,000 rupees, and to C an estate which will, under a settlement, belong to B if his elder 
brother (who is married and has children) shall leave no issue living at his death. B  must elect to give up the estate 
or to lose the legacy. 

(iv) A, a person of the age of 18, domiciled in 1[India] but owning real property in England, to which C is heir at 
law,  bequeaths  a  legacy  to  C  and,  subject  thereto,  devises  and  bequeaths  to  B  “all  my  property  whatsoever  and 
wheresoever,” and dies under 21. The real property in England does not pass by the will. C may claim his legacy 
without giving up the real property in England. 

183. Bequest for man’s benefit how regarded for purpose of election.—A bequest for a person's 

benefit is, for the purpose of election, the same thing as a bequest made to himself. 

Illustration 

The farm of SultanpurKhurd being the property of B, A bequeathed it to C: and bequeathed another farm called 
SultanpurBuzurg to his own executors with a direction that it should be sold and the proceeds applied in payment of 
B's debts. B must elect whether he will abide by the will, or keep his farm of SultanpurKhurd in opposition to it. 

184. Person deriving benefit indirectly not  put to election.—A person taking .no benefit directly 

under a will, but deriving a benefit under it indirectly, is not put to his election. 

Illustration 

The lands of Sultanpur are settled upon C for life, and after his death upon D, his only child. A bequeaths the 
lands of Sultanpur to B, and 1,000 rupees to C. C dies intestate shortly after the testator, and without having made 
any election. D takes out administration to C, and as administrator elects on behalf of C’s estate to take under the 
will. In that capacity he receives the legacy of 1,000 rupees and accounts to B for the rents of the lands of Sultanpur 
which  accrued  after  the  death  of  the  testator  and  before  the  death  of  C.  In  his  individual  character  he  ratains  the 
lands of Sultanpur in opposition to the will. 

185.  Person  taking  in  individual  capacity  under  will  may  In  other  character  elect  to  take  in 
opposition.—A  person  who  in  his  individual  capacity  takes  a  benefit  under  a  will  may,  in  another 
character, elect to take in opposition to the will. 

Illustration 

The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the estate of Sultanpur to 
D, and 2,000 rupees to B, and 1,000 rupees to C, who is B’s only child. B dies intestate, shortly after the testator, 
without having made an election. C takes out administration to B, and as administrator elects to keep the estate of 
Sultanpur in opposition to the will, and to relinquish the legacy of 2,000 rupees. C may do this, and yet claim his 
legacy of 1,000 rupees under the will. 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”. 

60 

                                                      
186. Exception to provisions of last six sections.—Notwithstanding anything contained in sections 
180  to  185,  where  a  particular  gift  is  expressed  in  the  will  to  be in  lieu  of  something  belonging  to  the 
legatee,  which  is  also  in  terms  disposed  of  by  the  will,  then,  if  the  legatee  claims  that  thing,  he  must 
relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will. 

Illustration 

Under  A’s  marriage-settlement  his  wife  is  entitled,  if  she  survives  him,  to  the  enjoyment  of  the  estate  of 
Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her 
interest in the estate of Sultanpur,  which estate  he bequeaths  to his  son. He also  gives  his  wife a legacy of 1,000 
rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity 
but not the legacy of 1,000 rupees. 

187.  When  acceptance  of  benefit  given  by  will  constitutes  election  to  take  under  will.—
Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will, if he 
had knowledge of his right to elect and of those circumstances which would influence the judgment of a 
reasonable man in making an election, or if he waives inquiry into the circumstances. 

Illustrations 

(i)  A  is  owner  of  an  estate  called  SultanpurKhurd,  and  has  a  life  interest  in  anotuer  estate  called 
SultanpurBuzurg  to  which  upon  his  death  his  son  B  will  be  absolutely  entitled.  The  will  of  A  gives  the  estate  of 
SultanpurKhurd  to  B,  and  the  estate  of  SultanpurBuzurg  to  C.  B,  in  ignorance  of  his  own  right  to  the  estate  of. 
SultanpurBuzurg, allows C to take possession of it, and enters into possession of the estate of SultanpurKhurd. B has 
not confirmed the bequest of SultanpurBuzurg to C. 

(ii) B, the eldest son of A, is the possessor of an estate called Sultanpur. A bequeaths Sultanpur to C, and to B 
the residue of A’s property. B having been informed by A’s executors that the residue will amount to 5,000 rupees, 
allows C to take possession of Sultanpur. He afterwards discovers that the residue does not amount to more than 500 
rupees. B has not confirmed the bequest of the estate of Sultanpur to C. 

188.  Circumstances  in  which  knowledge  or  waiver  is  presumed  or  inferred.—(1)  Such 
knowledge  or  waiver  of  inquiry  shall,  in  the  absence  of  evidence  to  the  contrary,  be  presumed  if  the 
legatee  has  enjoyed  for  two  years  the  benefits  provided  for  him  by  the  will  without  doing  any  act  to 
express dissent. 

(2) Such knowledge or. waiver of inquiry may be inferred from any act of the legatee which renders it 
impossible to place the persons interested in the subject-matter of the bequest in the same condition as if 
such act had not been done. 

Illustration 

A bequeaths to B an estate to  which  C is entitled, and to  C a coal-mine.  C takes possession of the  mine and 

exhausts it. He has thereby confirmed the bequest of the estate to B. 

189.  When  testator’s  representatives  may  call  upon  legatee  to  elect.—If  the  legatee  does  not, 
within  one  year  after  the  death  of  the  testator,  signify  to  the  testator’s  representatives  his  intention  to 
confirm or to dissent from the will, the representatives shall, upon the expiration of that period, require 
him to make his election; and; if he does not comply with such requisition within a reasonable time after 
he has received it, he shall be deemed to have elected to confirm the will. 

190.  Postponement  of  election  in  case  of  disability.—In  case  of  disability  the  election  shall  be 

postponed until the disability ceases, or until the election is made by some competent authority. 

CHAPTER XXIII.—Of Gifts in Contemplation of Death 

191. Property transferable by gift made in contemplation of death.—(1) A man may dispose, by 

gift made in contemplation of death, of any moveable property which he could dispose of by will. 

(2)  A  gift is  said to  be  made in contemplation  of death  where  a  man,  who is ill  and  expects to  die 
shortly of his illness, delivers, to another  the possession: of any  moveable property to keep as a gift in 
case the donor shall die of that illness. 

61 

(3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the illness 

during which it was made; nor if he survives the person to whom it was made. 

(i) A, being ill, and in expectation of death, delivers to B, to be retained by him in case of A’s death,—  

Illustrations 

a watch: 

a bond granted by C to A: 

a bank-note: 

a promissory note of the Central Government endorsed in blank: 

a bill of exchange endorsed in blank: 

certain mortgage-deeds. 

A dies of the illness during which he delivered these articles. 

B is entitled to—  

the watch: 

the debt secured by C’s bond: 

the bank-note: 

the promissory note of the Central Government : 

the bill of exchange: 

the money secured by the mortgage-deeds. 

(ii) A, being ill, and in expectation of death, delivers to B the key of a trunk or the key of a warehouse in which 
goods  of  bulk  belonging  to  A  are  deposited,  with  the  intention  of  giving  him  the  control  over  the  contents  of  the 
trunk, or over the deposited goods, and desires him to keep them in case of A’s death. A dies of the illness during 
which he delivered these articles. B is entitled to the trunk and its contents or to A’s goods of bulk in the warehouse. 

(iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcels and marks upon the 
parcels respectively the names of B and C. The parcels are not delivered during the life of A. A, dies of the  illness 
during which he set aside the parcels. B and C are not entitled to the contents of the parcels. 

PART VII 

PROTECTION OF PROPERTY OF DECEASED 

192. Person claiming  right  by succession to  property  of  deceased may  apply for  relief  against 
wrongful  possession.—(1)  If  any  person  dies  leaving  property,  moveable  or  immoveable,  any  person 
claiming  a  right  by  succession  thereto,  or  to  any  portion  thereof,  may  make  application  to  the  District 
Judge  of  the  district  where  any  part  of  the  property  is  found  or  situate  for  relief,  either  after  actual 
possession  has  been  taken  by  another  person,  or  when  forcible  means  of  seizing  possession  are 
apprehended. 

(2) Any agent, relative or near friends, or the Court of Wards in cases within their cognizance, may, 
in  the  event  of  any  minor,  or  any  disqualified  or  absent  person  being  entitled  by  succession  to  such 
property as aforesaid, make the like application for relief. 

193.  Inquiry  made  by  Judge.—The District Judge to whom such application is made shall, in the 
first  place,  examine  the  applicant  on  oath,  and  may  make  such  further  inquiry,  if  any,  as  he  thinks 
necessary  as  to  whether  there  is  sufficient  ground  for  believing  that  the  party  in  possession  or  taking 
forcible means for seizing possession has no lawful title,  and that the applicant, or the person on whose 
behalf he applies is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of 
a suit, and that the application is made bona fide. 

194.  Procedure.—If  the  District  Judge  is  satisfied  that  there  is  sufficient  ground  for  believing  as 
aforesaid  but  not  otherwise,  he  shall  summon  the  party  complained  of,  and  give  notice  of  vacant  or 
disturbed  possession  by  publication,  and,  after  the  expiration  of  a  reasonable  time,  shall  determine 
summarily the right to possession (subject to a suit as hereinafter provided) and shall deliver possession 
accordingly. 

62 

Provided  that  the  Judge  shall  have  the  power  to  appoint  an  officer  who  shall  take  an  inventory  of 
effects,  and  seal  or  otherwise  secure  the  same,  upon  being  applied  to  for  the  purpose,  without  delay, 
whether he shall have concluded the inquiry necessary for summoning the party complained of or not. 

195.  Appointment  of  curator  pending  determination  of  proceeding.—If  it further appears upon 
such  inquiry  as  aforesaid  that  danger  is  to  be  apprehended  of  the  misappropriation  or  waste  of  the 
property before the summary proceeding can be determined, and that the delay in obtaining security from 
the  party  in  possession  or  the  insufficiency  thereof  is  likely  to  expose  the  party  out  of  possession  to 
considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators 
whose  authority  shall  continue  according to the  terms  of his  or their respective appointment, and in no 
case beyond the determination of the summary proceeding and the confirmation or delivery of possession 
in the consequence thereof: 

Provided  that,  in  the  case  of  land,  the  Judge  may  delegate  to  the  Collector,  or  to  any  officer 

subordinate to the Collector, the powers of a curator: 

Provided,  further,  that  every  appointment  of  a  curator  in  respect  of  any  property  shall  be  duly 

published. 

196.  Powers  conferrable  on  curator.—The  District  Judge  may  authorise  the  curator  to  take 
possession of the property either generally, or until security is given by the party in possession, or until 
inventories of the property have been made, or for any other purpose necessary for securing the property 
from misappropriation or waste by the party in possession: 

Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in 
such  possession  on  giving  security  or  not,  and  any  continuance  in  possession  shall  be  subject  to  such 
orders as the Judge may issue touching inventories, or the securing of deeds or other effects. 

197.  Prohibition  of  exercise  of  certain  powers  by  curators.—(1)  Where  a  certificate  has  been 
granted under Part X or under the Seccession Certificate Act, 18891 (7 of 1889), or a grant of probate or 
letters  of  administration  has  been  made,  a  curator  appointed  under  this  Part  shall  not  exercise  any 
authority lawfully belonging to the holder of the certificate or to the executor or administrator. 

(2)  Payment  of  debts,  etc.,  to  curator.—All  persons  who  have  paid  debts  or  rents  to  a  curator 
authorised by a Court to receive them shall be indemnified, and the curator shall be responsible for the 
payment thereof to the person who has obtained the certificate, probate or letters of administration, as the 
case may be. 

198.  Curator to  give security  and may receive  remuneration.—(1) The District Judge shall take 
from the curator security for the faithful discharge of his trust, and for rendering, satisfactory accounts of 
the same as hereinafter provided, and may authorise him to receive out of the property such remuneration, 
in  no  case  exceeding  five  per  centum  on  the  moveable  property  and  on  the  annual  profits  of  the 
immoveable property, as the District Judge thinks reasonable. 

(2)  All  surplus  money  realized  by  the  curator  shall  be  paid  into  Court,  and  invested  in  public 

securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding. 

(3)  Security  shall  be  required  from  the  curator  with  all  reasonable  despatch,  and  where  it  is 
practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed 
curator;  but  no  delay  in  the  taking  of  security  shall  prevent  the  Judge  from  immediately  investing  the 
curator with the powers of his office. 

1. Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938. 

63 

                                                      
199. Report from Collector where estate includes revenue paying land.—(1) Where the estate of 
the  deceased  person  consists  wholly  or  in  part  of  land  paying  revenue  to  Government,  in  all  matters 
regarding the propriety of summoning the party in possession, of appointing a curator, or of nominating 
individuals  to  that  appointment,  the  District  Judge  shall  demand  a  report  from  the  Collector,  and  the 
Collector shall thereupon furnish the same: 

Provided that in cases of urgency the Judge may proceed, in the first instance, without such report. 

(2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting 
otherwise than according to such report, he shall immediately forward a statement of his reasons to the 
High Court, and the High Court, if it is dissatisfied with such reasons, shall direct the Judge to proceed 
conformably to the report of the Collector. 

200. Institution and defence of suits.—The curator shall be subject to all orders of the District Judge 
regarding the institution or the defence of suits, and all suits may be instituted or defended in the name of 
the curator on behalf of the estate: 

Provided that an express authority shall be requisite in the order of the curator’s appointment for the 
collection of debts or rents; but such express authority shall enable the curator to give a full acquittance 
for any sums of money received by virtue thereof. 

201.  Allowances  to  apparent  owners  pending  custody  by  curator.—Pending  the  custody  of  the 
property by the curator, the District Judge may make such allowances to parties having a prima facie right 
thereto  as  upon  a  summary  investigation  of  the  right  and  circumstances  of  the  parties  interested  he 
considers necessary, and may, at his discretion, take security for the repayment thereof with interest, in 
the event of the party being found, upon the adjudication of the summary proceeding, not to be entitled 
thereto. 

202. Accounts to be filed by curator.—The curator shall file monthly accounts in abstract, and shall, 
on the expiry of each period of three months, if his administration lasts so long, and, upon giving up the 
possession of the property, file a detailed account of his administration to the satisfaction of the District 
Judge. 

203. Inspection of accounts and right of interested party to keep duplicate.—(1) The accounts of 
the curator shall be open to the inspection of all parties interested; and it shall be competent for any such 
interested party to appoint a separate person to keep a duplicate account of all receipts and payments by 
the curator. 

(2) If it is found that the accounts of the curator are in arrear, or that they are erroneous or incomplete, 
or if the curator does not produce them whenever he is ordered to do so by the District Judge, he shall be 
punishable with fine not exceeding one thousand rupees for every such default. 

204.  Bar  to  appointment of  second  curator for  same  property.—If the Judge of any district has 
appointed a curator; in respect to the whole of the property of a deceased person, such appointment shall 
preclude the Judge of any other district within the same State from appointing any other curator, but the 
appointment  of  a  curator  in  respect  of  a  portion  of  the  property  of  the  deceased  shall  not  preclude  the 
appointment within the same State of another curator in respect of the residue or any portion thereof 

Provided that no Judge shall appoint curator or entertain a summary proceeding in respect of property 

which is the subject of a summary proceeding previously instituted under this Part before another Judge: 

Provided, further, that if two or more curators are appointed by different Judges for several parts of an 
estate,  the  High  Court  may  make  such  order  as  it  thinks  fit  for  the  appointment  of  one  curator  of  the 
whole property. 

205. Limitation of time for application for curator.—An application under this Part to the District 
Judge must be made within six months of the death of the proprietor whose property is claimed by right in 
succession. 

64 

206.  Bar  to  enforcement  of  Part  against  public  settlement  or 

legal  directions  by                    

deceased.—Nothing  in  this  Part  shall  be  deemed  to  authorise  the  contravention  of  any  public  act  of 
settlement or of any legal directions given by a deceased proprietor of any property for the possession of 
his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the 
Judge  having  jurisdiction  over  the  property  of  a  deceased  person  is  satisfied  of  the  existence  of  such 
directions, he shall give effect thereto. 

207.  Court  of  Wards  to  be  made  curator  in  case  of  minors  having  property  subject  to  its 
jurisdiction.—Nothing in this Part shall be deemed to authorise any disturbance of the possession of a 
Court  of  Wards  of  any  property;  and  in  case  a  minor,  or  other  disqualified  person  whose  property  is 
subject  to  the  Court  of  Wards,  is  the  party  on  whose  behalf  application  is  made  under  this  Part,  the 
District Judge, if he determines to summon the party in possession and to appoint a curator, shall invest 
the Court of Wards with the curatorship of the estate pending the proceeding without taking security as 
aforesaid; and if the minor or other disqualified person, upon the adjudication of the summary proceeding, 
appears to be entitled to the property, possession shall be delivered to the Court of Wards. 

208. Saving of right to bring suit.—Nothing contained in this Part shall be any impediment to the 
bringing  of  a  suit  either  by  the  party  whose  application  may  have  been  rejected  before  or  after  the 
summoning of the party in possession, or by the party who may have been evicted from the possession 
under this Part. 

209.  Effect  of  decision  of  summary  proceeding.—The decision of a District Judge in a summary 
proceeding under this Part shall have no other effect than that of settling the actual possession; but for this 
purpose it shall be final, and shall not be subject to any appeal or review. 

210. Appointment of public curators.—The State Government may appoint public curators for any 
district  or  number  of  districts;  and  the  District  Judge  having  jurisdiction  shall  nominate  such  public 
curators in all cases where the choice of a curator is left discretionary with him under this Part. 

PART VIII 

REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION 

211.  Character  and  property  of  executor  or  administrator  as  such.—(1)  The  executor  or 
administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all 
the property of the deceased person vests in- him as such. 

(2) When the deceased was a Hindu, Muhammadan, Budhist, Sikh, 1[Jaina or Parsi] or an exempted 
person, nothing herein contained shall vest in an executor or administrator any property of the deceased 
person which would otherwise have passed by survivorship to some other person. 

212.  Right  to  intestate’s  property.—(1) No right to any part of the property of a person who has 
died intestate can be established in any Court of Justice, unless letters of administration have first been 
granted by a Court of competent jurisdiction. 

(2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, 

Jaina, 2[Indian Christian or Parsi]. 

213.  Right  as  executor  or  legatee  when  established.—(1)  No right as executor  or  legatee  can  be 
established  in  any  Court  of  Justice,  unless  a  Court  of  competent  jurisdiction  in  3[India]  has  granted 
probate of the will under which the right is claimed, or has granted letters of administration with the will 
or with a copy of an authenticated copy of the will annexed. 

1. Subs. by Act 16 of 1962, s. 2, for “or Jaina”. 
2. Subs. by s. 3, ibid., for “or Indian Christian”. 
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”. 

65 

                                                      
1[(2) This section shall not apply in the case of wills made by Muhammadans 2[or Indian Christians], 

and shall only apply—  

(i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the 

classes specified in clauses (a) and (b) of section 57; and 

(ii)  in  the  case  of  wills  made  by  any  Parsi  dying,  after  the  commencement  of  the  Indian 
Succession (Amendment) Act, 1962 (16 of 1962), where such wills are made within the local limits 
of the 3[ordinary-original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and 
where such wills are made outside those limits, in so far as they relate to immovable property situate 
within those limits.] 

STATE AMENDMENTS 

Karela.— 
Amendment  of  section  213.—In  sub-section  (2)  of  section  213  of  the  Indian  Succession  Act, 
1925 (Central Act 39 of 1925), after the word ‘Muhammadans’, the words ‘or Indian Christians’ shall 
be inserted. 
[Vide Kerala Act 1 of 1997, sec. 2]. 
214. Proof of representative title a condition precedent to recovery through the Courts of debts 

from debtors of deceased persons.—(1) No Court shall—  

(a)  pass  a  decree  against  a  debtor  of  a  deceased  person  for  payment  of  his  debt  to  a  person 

claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or 

(b) proceed, upon an application of a person claiming to be so entitled, to execute against such a 

debtor a decree or order for the payment of his debt, 

except on the production, by the person so claiming of—  

(i) a probate or letters of administration evidencing the grant to him of administration to the estate 

of the deceased, or 

(ii) a certificate granted under section 31 or section 32 of the Administrator General’s Act, 1913 

(3 of 1913), and having the debt mentioned therein, or 

(iii) a succession certificate granted under Part X and having the debt specified therein, or 
(iv) a certificate granted under the Succession Certificate Act, 18894 (7 of 1889), or 
(v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first 

day of May, 1889, having the debt specified therein. 
(2) The word  “debt” in sub-section (1) includes any debt except rent, revenue or profits payable in 

respect of land used for agricultural purposes. 

215.  Effection  certificate  of  subsequent  probate  or  letters  of  administration.—(1)  A  grant  of 
probate  or  letters  of  administration  in  respect  of  an  estate  shall  be  deemed  to  supersede  any  certificate 
previously granted under Part X or under the Succession Certificate Act, 18894 (7 of 1889) or Bombay 
Regulation No. VIII of 1827, in respect of any debts or securities included in the estate. 

(2) When at the time of the grant of the probate or letters any suit or other proceeding instituted by the 
holder  of  any  such  certificate  regarding  any  such  debt  or  security  is  pending,  the  person  to  whom  the 
grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take 
the place of the holder of the certificate in the suit or proceeding: 

Provided that, when any certificate is superseded under this section, all payments made to the holder 
of such certificate in ignorance of such supersession shall be held good against claims under the probate 
or letters of administration. 

216.  Grantee  of  probate  or  administration  alone  to  sue,  etc.,  until  same  revoked.—After  any 
grant of probate or letters of administration, no other than the person to whom the same may have been 
granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, 
throughout  the  State  in  which  the  same  may  have  been  granted,  until  such  probate  or  letters  of 
administration has or have been recalled or revoked. 

1. Subs. by Act 16 of 1962, s. 4, for sub-section (2). 
2. Ins. by Act 26 of 2002, s. 3 (w.e.f. 27-5-2002). 
3. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “ordinary civil jurisdiction”. 
4. Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938. 

66 

                                                      
PART IX 

PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED 

217. Application of Part.—Save as otherwise provided by this Act or by any other law for the time 
being  in  force,  all  grants  of  probate  and  letters  of  administration  with  the  will  annexed  and  the 
administration of the assets of the deceased in cases of intestate succession shall be made or carried out, 
as the case may be, in accordance with the provisions of this Part. 

CHAPTER I.—Of Grant of Probate and Letters of Administration 

218.  To  whom  administration  may  be  granted,  where  deceased  is  a  Hindu,  Muhammadan, 
Budhist,  Sikh,  Jaina  or  exempted  person.—(1)  If  the  deceased  has  died  intestate  and  was  a  Hindu, 
Muhammadan,  Buddhist,  Sikh  or  Jaina  or  an  exempted  person,  administration  of  his  estate  may  be 
granted to any person who, according to the rules for the distribution of the estate applicable in the case of 
such deceased, would be entitled to the whole or any part of such deceased's estate. 

(2) When several such persons apply for such administration, it shall be in the discretion of the Court 

to grant it to any one or more of them. 

(3) When no such person applies, it may be granted to a creditor of the deceased. 

219.  Where  deceased  is  not  a  Hindu,  Muhammadan,  Buddhist,  Sikh,  Jaina  or  exempted 
person.—If the deceased has died intestate and was not a person belonging to any of the classes referred 
to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled 
to  obtain  letters  of  administration  of  his  estate  and  effects  in  the  order  and  according  to  the  rules 
hereinafter stated, namely:—  

(a)  If  the  deceased  has  left  a  widow,  administration  shall  be  granted  to  the  widow,  unless  the 
Court sees cause to exclude her, either on the ground of some personal disqualification, or because 
she has no interest in the estate of the deceased. 

Illustrations 

(i)  The  widow  is  a  lunatic  or  has  committed  adultery  or  has  been  barred  by  her  marriage  settlement  of  all 

interest in her husband’s estate. There is cause for excluding her from the administration. 

(ii) The widow has married again since the decease of her husband. This is not good cause for her exclusion. 

(b)  If  the  Judge  thinks  proper,  he  may  associate  any  person  or  persons  with  the  widow  in  the 

administration who would be entitled solely to the administration if there were no widow. 

(c)  If  there  is  no  widow,  or  if  the  Court  sees  cause  to  exclude  the  widow,  it  shall  commit  the 
administration to the person or persons who would be beneficially entitled to the estate according to 
the rules for the distribution of an intestate’s estate: 

Provided that, when the mother of the deceased is one of the class of persons so entitled, she shall 

be solely entitled to administration. 

(d)  Those  who  stand  in  -equal  degree  of  kindred  to  the  deceased  are  equally  entitled  to 

administration. 

(e) The husband surviving his wife has the same right of administration of her estate as the widow 

has in respect of the estate of her husband. 

(f)  When  there  is  no  person  connected  with  the  deceased  by  marriage  or  consanguinity  who  is 

entitled to letters of administration and willing to act, they may be granted to a creditor. 

67 

(g)  Where  the  deceased  has  left  property  in  1 [India],  letters  of  administration  shall  be  granted 
according to the foregoing rules, notwithstanding that he had his domicile in a country in which the law 
relating to testate and intestate succession differs from the law of 1[India]. 

220.  Effect  of  letters  of  administration.—Letters  of  administration  entitle  the  administrator to  all 
rights  belonging  to  the  intestate  as  effectually  as  if  the  administration  had  been  granted  at  the  moment 
after his death. 

221.  Acts  not  validated  by  administration.—Letters  of  administration  do  not  render  valid  any 

intermediate acts of the administrator tending to the diminution or damage of the intestate's estate. 

222.  Probate  only  to  appointed  executor.—(1)  Probate  shall  be  granted  only  to  an  executor 

appointed by the will. 

(2) The appointment may be expressed or by necessary implication. 

Illustrations 

(i) A wills that C be his executor if B will not. B is appointed executor by implication. 

(ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and 
adds “but should the within-named C be not living I do constitute and appoint B my whole and sole executrix”. C is 
appointed executrix by implication. 

(iii)  A  appoints  several  persons  executors  of  his  will  and  codicils’  and  his  nephew  residuary  legatee,  and  in 
another  codicil  are  these  words,—“I  appoint  my  nephew  my  residuary  legatee  to  discharge  all  lawful  demands 
against my will and codicils signed of different dates”. The nephew is appointed an executor by implication. 

223. Persons to whom probate cannot be granted.—Probate cannot be granted to any person who 
is  a  minor  or  is  of  unsound  mind 2[nor  to  any  association  of  individuals  unless  it  is  a  company  which 
satisfies  the  conditions  prescribed  by  rules  to  be  made 3[,by  notification in  the  Official  Gazette]  by  the 
4[State Government] in this behalf]. 

224. Grant of probate to several executors simultaneously or at different times.—When several 

executors are appointed, probate may be granted to them all simultaneously or at different times. 

Illustration 

A  is  an  executor  of  B's  will  by  express  appointment  and  C  an  executor  of  it  by  implication.  Probate  may  be 

granted to A and C at the same time or to A first and then to C, or to C first and then to A. 

225. Separate probate of codicil discovered after grant of probate.—(1) If a codicil is discovered 
after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way 
repeals the appointment of executors made by the will. 

(2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a 

new probate granted of the will and the codicil together. 

226. Accrual of representation to surviving executor.—When probate has been granted to several 
executors, and one of them dies, the entire representation of the testator accrues to the surviving executor 
or executors. 

227.  Effect  of  probate.—Probate of a will when granted establishes the will from the death of the 

testator, and renders valid all intermediate acts of the executor as such. 

228. Administration, with copy annexed, of authenticated copy of will proved abroad.—When a 
will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the 
State,  whether  within  or  beyond  the  limits  of 5[India],  and  a  properly  authenticated  copy  of  the  will  is 
produced, letters of administration may be granted with a copy of such copy annexed. 

1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States." 
2. Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an 
exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of 
this section had been omitted by Act 18 of 1927, s. 2. 
3. Ins. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). 
4. The words "G.G. in C.” have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above. 
5. Subs. by A.O. 1950, for "His Majesty's Domination". 

68 

                                                      
229. Grant of administration where executor has not renounced.—When a person appointed an 
executor has not renounced the executorship, letters of administration shall not be granted to any other 
person until a citation has been issued, calling upon the executor to accept or renounce his executorship: 

Provided that, when one or more of several executors have proved a will, the Court may, on the death 
of the survivor of those who have proved, grant letters of administration without citing those who have 
not proved. 

230. Form  and  effect  of  renunciation  of executorship.—The renunciation may be made orally in 
the presence of the Judge, or by a writing signed by the person renouncing, and when made shall preclude 
him from ever thereafter applying for probate of the will appointing him executor. 

231. Procedure where executor renounces or fails to accept within time limited.—If an executor 
renounces or fails to accept an executorship within the time limited for the acceptance or refusal thereof, 
the will may be proved and letters of administration, with a copy of the will annexed, may be granted to 
the person who would be entitled to administration in case of intestacy. 

232. Grant of administration to universal or residuary legatees.—When— 

(a) the deceased has made a will, but has not appointed an executor, or 

(b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has 

died before the testator or before he has proved the will, or 

(c) the executor dies after having proved the will, but before he has administered all the estate of 

the deceased, 

an universal or a residuary legatee may be admitted to prove the will, and letters of administration with 
the  will  annexed  may  be  granted  to  him  of  the  whole  estate,  or  of  so  much  thereof  as  may  be 
unadministered. 

233. Right to administration of representative of deceased residuary legatee.—When a residuary 
legatee  who  has  a  beneficial  interest  survives  the  testator,  but  dies  before  the  estate  has  been  fully 
administered,  his  representative  has  the  same  right  to  administration  with  the  will  annexed  as  such 
residuary legatee. 

234.  Grant  of  administration  where  no  executor,  nor  residuary  legatee  nor  representative  of 
such  legatee.—When  there  is  no  executor  and  no  residuary  legatee  or  representative  of  a  residuary 
legatee,  or  he  declines  or  is  incapable  to  act,  or  cannot  be  found,  the  person  or  persons  who  would  be 
entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee 
having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration 
may be granted to him or them accordingly. 

235.  Citation  before  grant  of  administration  to  legatee  other  than  universal  or  residuary.—
Letters of administration with the will annexed shall not be granted to any legatee other than an universal 
or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, 
calling on the next-of-kin to accept or refuse letters of administration. 

236. To whom administration may not be granted.—Letters of administration cannot be granted to 
any  person  who is a  minor  or  is  of  unsound  mind, 1[nor  to any  association  of individuals  unless  it  is  a 
company  which  satisfies  the  conditions  prescribed  by  rules  to  be  made 2[by  notification  in  the  Official 
Gazette,] by the 3[State Government] in this behalf]. 

1. Added by Act 17 of 1931, s. 2. The words "nor, unless the deceased was a Hindu, Muhammadan, Buddhist, Sikh, or Jaina or 
an exempted person, to a married woman without the previous consent of her husband" which originally occurred at the end of 
this section had been omitted by Act 18 of 1927, s. 2. 
2. Ins. by Act 20 of 1983, s.2 and Sch. (w.e.f. 15-3-1984). 
3. The words “G.G. in C.”have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above. 

69 

                                                      
1[236A. Laying of rules before State Legislature.—Every rule made by the State Government under 

section 223 and section 236 shall be laid, as soon as it is made, before the State Legislature.] 

CHAPTER II—Of Limited Grants  
Grants limited in duration 

237.  Probate  of  copy  or  draft  of  lost  will.—When  a  will  has been lost or  mislaid  since the 
testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and 
a copy or the draft of the will has been preserved, probate may .be granted of such copy or draft, 
limited until the original or a properly authenticated copy of it is produced. 

238. Probate of contents or lost of destroyed will.—When a will has been lost or destroyed and no 
copy  has  been  made  nor  the  draft  preserved,  probate  may  be  granted  of  its  contents  if  they  can  be 
established by evidence. 

239. Probate of copy where original exists.—When the will is in the possession of a person residing 
out of the State in which application for probate is made, who has refused or neglected to deliver it up, 
but  a  copy  has  been  transmitted  to  the  executor,  and  it  is  necessary  for  the  interests  of  the  estate  that 
probate should be granted without waiting for the arrival of the original, probate may be granted of the 
copy so transmitted, limited until the will or an authenticated copy of it is produced. 

240. Administration until will produced.—Where no will of the deceased is forthcoming, but there 
is reason to believe that there is a will in existence, letters of administration may be granted, limited until 
the will or an authenticated copy of it is produced. 

Grants for the use and benefit of others having right 

241. Administration, with will annexed, to attorney of absent executor.—When any executor 
is  absent  from  the  State  in  which  application  is  made,  and  there  is  no  executor  within  the  State 
willing  to  act,  letters  of  administration,  with  the  will  annexed,  may  be  granted  to  the  attorney  or 
agent  of  the  absent  executor,  for  the  use  and  benefit  of  his  principal,  limited  until  he  shall  obtain 
probate or letters of administration granted to himself. 

242. Administration, with will annexed to attorney of a absent person who, if present, would be 
entitled  to  administer.—When any person to whom, if present, letters of administration, with the will 
annexed, might be granted, is absent from the State, letters of administration, with the will annexed may 
be granted to his attorney or agent, limited as mentioned in section .241. 

243. Administration to attorney of absent person entitled to administer in case of intestacy.—
When  a  person  entitled  to  administration  in  case  of  intestacy  is  absent  from  the  State,  and  no  person 
equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the 
absent person, limited as mentioned in section 241. 

244.  Administration  during  minority  of  sole  executor  or  residuary  legatee.—When  a  minor  is 
sole executor or sole residuary legatee, letters of administration, with the will annexed, may be granted to 
the legal guardian of such minor or to such other person as the Court may think fit until the minor has 
attained his majority at which period, and not before, probate of the will shall be granted to him. 

245. Administration during minority of several executors or residuary legatee.—When there are 
two  or  more  minor  executors  and  no  executor  who  has  attained  majority,  or  two  or  more  residuary 
legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them 
shall have attained his majority. 

1. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 

70 

                                                      
246. Administration for use and benefit of lunatic or minor.—If a sole executor or a sole universal 
or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the 
rule for the distribution of intestates' estates applicable in the case of the deceased, is a minor or lunatic, 
letters  of  administration  with  or  without  the  will  annexed,  as  the  case  may  be,  shall  be  granted  to  the 
person to whom the care ii)f his estate has been committed by competent authority, or, if there is no such 
person, to such other peron as the Court may think fit to appoint, for the use and benefit of the minor or 
lunatic until he attains majority or becomes of sound mind, as the case may be. 

247. Administration pendente lite.—Pending any suit touching the validity of the will of a deceased 
person or for obtaining or revoking any probate or any grant of letters of administration, the Court may 
appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of 
a general administrator, other than the right of distributing such estate, and every suet. administrator shall 
be subject to the immediate control of the Court and shall act under its direction. 

Grants for special purposes 

248.  Probate  limited  to  purpose  specified  in  will.—If  an  executorappointed  for  any  limited  
purpose  specified  in  the  will,  the  probate  shall  be  limited  to  that  purpose,  and  if  he  should  appoint  an 
attorney or agent to take administration on his behalf, the letters of administration, with the will annexed, 
shall be limited accordingly. 

249. Administration, with will annexed, limited to particular purpose.—If an executor appointed 
generally  gives  an  authority  to  an  attorney  or  agent  to  prove  a  will  on  his  behalf,  and  the  authority  is 
limited  to  a  particular  purpose,  the  letters  of  administration,  with  the  will  annexed,  shall  be  limited 
accordingly. 

250.  Administration  limited  to  property  in  which  person  has  beneficial  interest.—Where  a 
person  dies,  leaving  property  of  which  he  was  the  sole  or  surviving  trustee,  or  in  which  he  had  no 
beneficial  interest  on  his  own  account,  and  leaves  no  general  representative,  or  one  who  is  unable  or 
unwilling  to  act  as  such,  letters  of  administration,  limited  to  such  property,  may  be  granted  to  the 
beneficiary, or to some other person on his behalf. 

251.  Administration  limited  to  suit.—When  it  is  necessary  that  the  representative  of  a  person 
deceased  be  made  a  party  to  a  pending  suit,  and  the  executor,  or  person  entitled  to  administration  is 
unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, 
limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which 
may be commenced in the same or in any other Court between the parties, or any other parties, touching 
the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into 
complete execution. 

252.  Administration  limited  to  purpose  of  becoming  party  to  suit  to  be  brought  against 
administrator.—If,  at  the  expiration  of  twelve  months  from  the  date  of  any  probate  or  letters  of 
administration, the executor or administrator to whom the same has been granted is absent from the State 
within which the Court which has granted the probate or letters of administration exercises jurisdiction, 
the Court may grant, to any person whom it may think fit, letters of administration limited to the purpose 
of  becoming  and  being  made  a  party  to  a  suit  to  be  brought  against  the  executor  or  administrator,  and 
carrying the decree which may be made therein into effect. 

253. Administration limited to collection and preservation of deceased’s property.—In any case 
in which it appears necessary for preserving the property of a deceased person, the Court within whose 
jurisdiction any of the property is situate may grant to. any person, whom such Court may think fit, letters 
of  administration  limited  to  the  collection  and  preservation  of  the  property  of  the  deceased  and  to  the 
giving of discharges for debts due to his estate, subject to the directions of the Court. 

254. Appointment, as administrator, of person other than one who, in ordinary circumstances, 
would be entitled to administration.—(1) When a person has died intestate, or leaving a will of which 
there is no executor willing and competent to act or where the executor is, at the time of the death of such 
person, resident out of the State, and it appears to the Court to be necessary or convenient toappoint some 
person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, 

71 

would  be  entitled  to  a  grant  of  administration,  the  Court  may,  in  its  discretion,  having  regard  to 
consanguinity,  amount  of  interest,  the  safety  of  the  estate  and  probability  that  it  will  be  properly 
administered, appoint such person as it thinks fit to be administrator. 

(2) In every such case letters of administration may be limited or not as the Court thinks fit, 

Grants with exception 

255. Probate or administration, with will annexed, subject to exception.—Whenever the nature of 
the case requires that an exception be made, probate of a will, or letters of administration with the will 
annexed, shall be granted subject to such exception. 

256. Administration with exception.—Whenever the nature of the case requires that an exception be 

made, letters of administration shall be granted subject to such exception. 

Grants of the rest 

257. Probate or administration of rest.—Whenever a grant with exception of probate, or of letters 
of  adminiStration  with  or  without  the  will  annexed,  has  been  made,  the  person  entitled  to  probate  or 
administration  of  the  remainder  of  the  deceased's  estate  may  take  a  grant  of  probate  or  letters  of 
administration, as the case may be, of the rest of the deceased's estate. 

Grant of effects unadministered 

258. Grant of effects unadministered.—If an executor to whom probate has been granted has died, 
leaving  a  part  of  the  testator's  estate  unadministered,  a  new  representative  may  be  appointed  for  the 
purpose of administering such part of the estate. 

259. Rules as to grants of effects unadministered.—In granting letters of administration of an estate 
not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall 
grant letters of administration to those persons only to whore original grants might have been made. 

260. Administration when limited grant expired and still some part of estate unadministered.—
When  a  limited  grant  has  expired,  by  efflux  of  time,  or  the  happening  of  the  event  or  contingency  on, 
which  it  was  limited,  and  there  is  still  some  part  of  the  deceased's  estate  unadministered,  letters  of 
administration shall be granted to those persons to whom original grants might have been made. 

CHAPTER III.—Alteration and Revocation of Grants 

261. What errors may be rectified by Court.—Errors in names and descriptions, or in setting forth 
the time and place of the deceased’s death or the purpose in a limited grant, may be rectified by the Court 
and the grant of probate or letters of administration may be altered and amended accordingly. 

262.  Procedure  where  codicil  discovered  after  grant  of  administration  with  will  annexed.—If, 
after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added 
to the grant on due proof and identification, and the grant may be altered and amended accordingly. 

263. Revocation or annulment for just cause.—Thegrant of probate or letters of administration may 

be revoked or annulled for just cause. 

Explanation.—Just cause shall be deemed to exist where— 

(a) the proceedings to obtain the grant were defective in substance; or 

(b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the 

Court something material to the case; or 

(c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to 

justify the grant, though such allegation was made in ignorance or inadvertently; or 

(d) the grant has become useless and inoperative through circumstances; or 

72 

(e)  the  person  to  whom  the  grant  was  made  has  wilfully  and  without  reasonable  cause  omitted  to 
exhibit  an  inventory  or  account  in  accordance  with  the  provisions  of  Chapter  VII  of  this  Part,  or  has 
exhibited under that Chapter an inventory or account which is untrue in a material respect. 

(i) The Court by which the grant was made had no jurisdiction. 

(ii) The grant was made without citing parties who ought to have been iited. 

(iii) The will of which probate was obtained was forged or revoked. 

Illustrations 

(iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was 

never married to him. 

(v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered. 

(vi) Since probate was granted, a later will has been discovered. 

(vii)  Since  probate  was  granted,  a  codicil  has  been  discovered  which  revokes  or  adds  to  the  appointment  of 

executors under the will. 

(viii) The person to whom probate was, or letters of administration were, granted has  subsequently become of 

unsound mind. 

CHAPTER IV.—Of the Practice in granting and revoking Probates andLettersof Administration 

264.  Jurisdiction  of  District  Judge  in  granting  and  revoking  probates,  etc.—(1)  The  District 
Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases 
within his district. 

(2) Except incrases to which section 57 applies, no Court in any local area beyond the limits ofthe 
towns of Calcutta, Madras and Bomba1*** shall, where the deceased is a Hindu,Muhammadan,Buddhist, 
Sikh or Jaina or an exempted person, receive applications for probate or letters ofadministration until the 
State Government has, by a notification in the Official Gazette, authorised it so to do. 

265.  Power  to  appoint  delegate  of  District  Judge  to  deal  with  non-contentious  cases.—(1) The 
High  Court  may  appoint  such  judicial  officers  within  any  district  as  it  thinks  fit  to  act  for  the  District 
Judge  as  delegates  to  grant  probate  and  letters  of  administration  in  non-contentious  cases,  within  such 
local limits as it may prescribe: 

Provided that, in the case of High Courts not established by Royal Charter, such appointments shall 

not be without the previous sanction of the State Government. 

(2) Persons so appointed shall be called “District Delegates”. 

STATE AMENDMENT 

Karnataka 

Amendment  of  Central  Act  39  of  1925.—In  the  Indian  Succession  Act,  1925  (Central  Act  39  of 

1925) as in force in the State of Karnataka, section 265 shall be omitted. 

[Vide Karnataka Act 28 of 1978, s. 4]. 

266. District Judge’s powers as to grant of probate and administration.—The District Judge shall 
have the like powers and authority in relation to the granting of probate and letters of administration and 
all  matters  connected  therewith,  as  are  by  law  vested  in  him  in  relation  to  any  civil  suit  or  proceeding 
pending in his Court. 

267. District Judge may order person to produce  testamentary papers.—(1) The District Judge 
may  order  any  person  to  produce  and  bring  into  Court  any  paper  or  writing,  being  or  purporting  to  be 
testamentary, which may be shown to be in the possession or under the control of such person. 

(2) If it is not shown that any such paper or writing is in the possession or under the control of such 
person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court 
may direct such person to attend for the purpose of being examined respecting the same. 

1. The words “and the province of Burma” omitted by the A.O. 1937. 

73 

                                                      
(3) Such person shall be bound to answer truly such question as may be put to him by the Court, and, 
if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment 
under  the  Indian  Penal  Code  (45  of  1860),  in  case  of  default  in  not  attending  or  in  notanswering  such 
question or not bringing in such paper or writing, as he would have been subject to in case he had been a 
party to a suit and had made such default. 

(4) The costs of the proceeding shall be in the discretion of the Judge. 

268.  Proceedings  of  District  Judge’s  Court  in  relation  to  probate  and  administration.—The 
proceeding  of  the  Court  of  the  District  Judge  in  relation  to  the  granting  of  probate  and  letters  of 
administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of 
the case permit, by the Code of Civil Procedure, 1908 (5 of 1908). 

269. When and how District Judge to interfere for protection of property.—(1) Until probate is 
granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge, 
within  whose  jurisdiction  any  part  of  the  property  of  the  deceased  person  is  situate,  is  authorised  and 
required  to  interfere  for  the  protection  of  such  property  at  the  instance  of  any  person  claiming  to  be 
interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss 
or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the 
property, 

(2) This section shall not apply when the deceased' is a Hindu, Muhammadan, Buddhist, Sikh or Jaina 
or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died 
intestate. 

270. When probate or administration may be granted by District Judge.—Probate of the will or 
letters of administration to the estate of a deceased person may be granted by a District Judge under the 
seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the 
same  that  the  testator  or  intestate,  as  the  case  may  be,  at  the  time  of  his  decease  had  a  fixed  place  of 
abode, or any property, moveable or immoveable, within the jurisdiction of the Ridge. 

271. Disposal of application made to Judge of district in which deceased had no fixed abode.—
When the application is made to the Judge of a district in which the deceased had no fixed abode at the 
time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it 
could be disposed of more justly or conveniently in another district, or, where the application is for letters 
of administration, to grant them absolutely, or limited to the property within his own jurisdiction. 

272. Probate and letters of administration may be granted by Delegate.—Probate and letters of 
administration may, upon application for that purpose to any District Delegate, be granted by him in any 
case in  which  there is  no  contention, if  it  appears  by  petition,  verified  as  hereinafter  provided, that  the 
testator  or  intestate,  as the  case  may  be,  at the time  of  his  death  had  a fixed  place  of  abode  within  the 
jurisdiction of such Delegate. 

273. Conclusiveness of probate or letters of administration.—Probate or letters of administration 
shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout 
the State in which the same is or are granted, and shall be conclusive as to the representative title against 
all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full 
indemnity to all debtors, paying their debts and all persons delivering up such property to the person to 
whom such probate or letters of administration have been granted: 

Provided that probates and letters of administration granted—  

(a) by a High Court, or 

(b) by a District Judge, where the deceased at the time of his death had a fixed place of abode 
situate within the jurisdiction of such Judge, and such Judge certifies that the value of the propertyand 
estate  affected  beyond  the  limits  of  the  State  does  not  exceed  ten  thousand  rupees,shall,  unless 
otherwise directed by the grant, have like effect throughout 1[the other States 2***]. 

1. Subs. by the A.O. 1948, for “the whole of British India “. 
2. The words “of India” omitted by the A.O. 1950. 

74 

                                                      
1[The  proviso  to  this  section  shall  apply  in 2[India] 3after  the  separation  of  Burma  and  Aden  from 
India  to  probates  and  letters  of  administration  granted  in  Burma  and  Aden  before  the  date  of  the 
separation, or after that date in proceedings which were pending at that date.] 

4[The proviso shall also apply in 2[India] 5*** 6after the separation of Pakistan from India to probates 
and  letters  of  administration  granted  before  the  date  of  the  separation,  or  after  that  date  in  procedings 
pending at that date, in any of the territories which on that date constituted Pakistan.] 

274.  Transmission  to  High  Courts  of  certificate  of  grants  under  proviso  to  section  273.—(1) 
Where  probate  or  letters  of  administration  has  or  have  been  granted  by  a  High  Court  or  District Judge 
with  the  effect  referred  to  in  the  proviso  to  section  273,  the  High  Court  or  District  Judge  shall  send  a 
certificate thereof to the following Courts, namely:— 

(a) when the grant has been made by a High Court, to each of the other High Courts; 

(b) when the grant has been made by a District Judge, to the High Court to which such District 

Judge is subordinate and to each of the other High Courts. 

(2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in 
the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same. 

(3)  Where  any  portion  of  the  assets  has  been  stated  by  the  petitioner,  as  hereinafter  provided  in 
sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court 
required  to  send  the  certificate  referred  to  in  sub-section  (1)  shall  send  a  copy  thereof  to  such  District 
Judge, and such copy shall be filed by the District Judge receiving the same. 

275.  Conclusiveness  of  application  for  probate  or  administration  if  properly  made  and 
verified.—The  application  for  probate  or  letters  of  administration,  if  made  and  verified  in  the  manner 
hereinafter  provided,  shall  be  conclusive  for  the  purpose  of  authorising  the  grant  of  probate  or 
administration; and no such grant shall be impeached by reason only that the testator or intestate had no 
fixed place of abode or no property within the district at the time of his death, unless by a proceeding to 
revoke the grant if obtained by a fraud upon the Court. 

276. Petition for probate.—(1) Application for probate or for letters of administration, with the will 
annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in 
proceedings before the Court in which the application is made, with the will or, in the cases mentioned in 
sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating—  

(a) the time of the testator’s death, 

(b) that the writing annexed is his last will and testament, 

(c) that it was duly executed, 

(d) the amount of assets which are likely to come to the petitioner’s hands, and 

(e) when the application is for probate, that the petitioner is the executor named in the will. 

(2) In addition to these particulars, the petition shall further state,—  

(a) when the application is to the District Judge, that the deceased at the time of his death had a 

fixed place of abode, or had some property, situate within the jusrisdiction of the Judge; and 

1. Ins. by the A.O. 1937. 
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”. 
3. 1st April, 1937. 
4. Added by the A.O. 1948. 
5. The words “of India” omitted by Act 42 of 1953, s. 4 and Sch. III. 
6. 15th August, 1947. 

75 

                                                      
(b) when the application is to a District Delegate, that the deceased at the time of his death had a 

fixed place of abode within the jurisdiction of such Delegate. 

(3) Where the application is to the District Judge and any portion of the assets likely to come to the 
petitioner's hands is situate in another State, the petition shall further state the amount of such assets in 
each State and the District Judges within whose jurisdiction such assets are situate. 

277.  In what  cases  translation  of will  to  be  annexed  to  petition.  Verification  of  translation  by 
person  other  than  Court  translator.—In  cases  wherein  the  will,  copy  or  draft,  is  written  in  any 
language other than English or than that in ordinary use in proceedings before the Court, there shall be a 
translation thereof annexed to the petition by a translator of the Court, if the language be one for which a 
translator  is  appointed;  or,  if  the  will,  copy  or  draft,  is  in  any  other  language,  then  by  any  person 
competent  to  translate  the  same,  in  which  case  such  translation  shall  be  verified  by  that  person  in  the 
following manner, namely:—  

“I  (A.B.)  do  declare  that  I  read  and  perfectly  understand  the  language  and  character  of  the 

original, and that the above is a true and accurate translation thereof.” 

278.  Petition  for  letters  of  administration.—(1)  Application  for  letters  of  administration  shall  be 

made by petition distinctly written as aforesaid and stating—  

(a) the time and place of the deceased's death; 

(b) the family or other relatives of the deceased, and their respective residences; 

(c) the right in which the petitioner claims; 

(d) the amount of assets which are likely to come to the petitioner's hands; 

(e) when the application is to the District Judge, that the deceased at the time of his death had a 

fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and 

(f) when the application is to a District Delegate, that the deceased at the time of his death had a 

fixed place of abode within the jurisdiction of such Delegate. 

(2) Where the application is to the District Judge and any portion of the assets likely to come to the 
petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in 
each State and the District Judges within whose jurisdiction such assets are situate. 

279.  Addition  to  statement  in  petition,  etc., for  probate  or letters  of  administration  in  certain 
cases.—(1)  Every  person  applying  to  any  of  the  Courts  mentioned  in  the  proviso  to  section  273  for 
probate of a will or letters of administration of an estate intended to have effect throughout 1[India], shall 
state in his petition, in addition to the matters respectively required by section 276 and section 278, that to 
the best of his belief no application has been made to any other Court for a probate of the same will or for 
letters of administration of the same estate, intended to have such effect as last aforesaid, 

or, where any such application has been made, the Court to which it was made, the person or persons by 
whom it was made and the proceedings (if any) had thereon. 

(2) The Court to which any such application is made under the proviso to section 273 may, if it thinks 

fit, reject the same. 

280.  Petition  for  probate,  etc.,  to  be  signed  and  verified.—The  petition  for  probate  or letters  of 
administration  shall  in  all  cases  be  subscribed  by  the  petitioner  and  his  pleader,  if  any,  and  shall  be 
verified by the petitioner in the following manner, namely:—  

“I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best 

of my information and belief.” 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”. 

76 

                                                      
281.  Verification  of  petition  for  probate,  by  one  witness  to  will.—Where  the  application  is  for 
probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in 
the manner or to the effect following, namely:—  

“I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above 
petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or 
that the said testator acknowledged the writing annexed to the above petition to be his last will and 
testament in my presence).” 

282.  Punishment  for  false  averment  in  petition  or  declaration.—If  any  petition  or  declaration 
which is hereby required to be verified contains any averment which the person making the verification 
knows or believes to be false, such person shall be deemed to have committed an offence under section 
193 of the Indian Penal Code (45 of 1860). 

283.  Powers  of  District  Judge.—(1) In all cases the District Judge or District Delegate may, if he 

thinks proper,—  

(a) examine the petitioner in person, upon oath; 

(b) require further evidence of the due execution of the will or the right of the petitioner to the 

letters of administration, as the case may be; 

(c)  issue  citations  calling  upon  all  persons  claiming  to  have  any  interest  in  the  estate  of  the 

deceased to come and see the proceedings before the grant of probate or letters of administration. 

(2) The citation shall be fixed up in some conspicuous part of the courthouse, and also in the office of 
the  Collector  of  the  district  and  otherwise  published  or  made  known  in  such  manner  as  the  Judge  or 
District Delegate issuing the same may direct. 

(3)  Where  any  portion  of  the  assets  has  been  stated  by  the  petitioner  to  be  situate  within  the 
jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of 
the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it 
were a citation issued by himself, and shall certify such publication to the District Judge who issued the 
citation. 

284. Caveats against grant of probate or administration.—(1) Caveats against the grant of probate 

or administration may be lodged with the District Judge or a District Delegate. 

(2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to 

the District Judge. 

(3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the 
District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at 
the time of his death, and to any other Judge or District Delegate to whom it may appear to the District 
Judge expedient to transmit the same. 

Form of caveat.—(4) The caveat shall be made as nearly as circumstances admit in the form set forth 

in Schedule V. 

285. After entry of caveat, no proceeding taken on petition until after notice to caveator.—No 
proceeding shall be taken on a petition for probate or letters of administration after a caveat against the 
grant thereof has been entered with the Judge or District Delegate to whom the application has been made 
or notice has been given of its entry with some other Delegate, until after such notice to the person by 
whom the same has been entered as the Court may think reasonable. 

286.  District  Delegate  when  not  to  grant  probate  or  administration.—A District Delegate shall 
not grant probate or letters of administration in any case in which there is contention as to the grant, or in 
which it otherwise appears to him that probate or letters of administration ought not to be granted in his 
Court. 

Explanation.—“Contention” means the appearance of any one in person, or by his recognizedagent, 

or by a pleader duly appointee to act on his behalf, to oppose the proceeding. 

77 

287. Power to transmit statement to District Judge in doubtful cases where no contention.—In 
every case in which there is no contention, but it appears to the District Delegate doubtful whether the 
probate  or  letters  of  administration  should  or  should  not  be  granted,  or  when  any  question  arises  in 
relation to the grant, or application for the grant, of any probate or letters of administration, the District 
Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who 
may direct the District Delegate to proceed in the matter of the application, according to such instructions 
as  to  the  Judge  may  seem  necessary,  or  may  forbid  any  further  proceeding  by  the  District  Delegate  in 
relation  to  the  matter  of  such  application,  leaving  the  party  applying  for  the  grant  in  question  to  make 
application to the Judge. 

288.  Procedure  where  there  is  contention  of  District  Delegate  thinks  probate  or  letters  of 
administration  should  be  refused  in  his  Court.—In  every  case  in  which  there  is  contention,  or  the 
District Delegate is of opinion that the probate or letters of administration should be refused in his Court, 
the petition, with any documents which may have been filed therewith, shall be returned to the person by 
whom the application was made, in order that the same may be presented to the District Judge, unless the 
District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby 
authorised to do; and, in that case, the same shall be sent by him to the District Judge. 

289. Grant of probate to be under seal of Court.—When it appears to the District Judge or District 
Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the 
form set forth in Schedule VI. 

290. Grant of letters of administration to be under seal of Court.—When it appears to the District 
Judge or District Delegate that letters of administration to the estate of a person deceased, with or without 
a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the 
form set forth in Schedule VII. 

291. Administration-bond.—(1) Every person to whom any grant of letters of administration, other 
than  a  grant  under  section 241,  is  committed, shall  give  a  bond to  the  District Judge  with  one or  more 
surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, 
which bond shall be in such form as the Judge may, by general or special order, direct. 

(2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person—  

(a)  the  exception  made  by  sub-section  (1)  in  respect  of  a  grant  under  section  241  shall  not 

operate. 

(b) the District Judge may demand a like bond from any person to whom probate is granted. 

292. Assignment of administration-bond.—The Court may, on application made by petition and on 
being  satisfied  that  the  engagement  of  any  such  bond  has  not  been  kept,  and  upon  such  terms  as  to 
security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit, 
assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on 
the said bond in his or their own name or names as if the same had been originally given to him or them 
instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all persons 
interested, the full amount recoverable in respect of any breach thereof, 

293.  Time for  grant  of  probate  and  administration.—No probate of a will shall be granted until 
after the  expiration  of  seven  clear  days,  and  no letters  of administration  shall  be  granted  until  after the 
expiration of fourteen clear days, from the day of the testator or intestate’s death. 

294. Filing of original wills of which probate or administration with will annexed granted.—(1) 
Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or 
letters of administration with the will annexed may be granted by him, among the records of his Court, 
until some public registry for wills is established. 

78 

(2) The State Government shall make regulations for the preservation and inspection of the wills so 

filed. 

295.  Procedure  in  contentious  cases.—In  any  case  before  the  District  Judge  in  which  there  is 
contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according  to the 
provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters 
of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose 
the grant shall be the defendant. 

296. Surrender of revoked probate or letters of administration.—(1) When a grant of probate or 
letters of administration is revoked or annulled under this Act, the person to whom the grant was made 
shall forthwith deliver up the probate or letters to the Court which made the grant. 

(2) If such person willfully and without reasonable cause omits so to deliver up the probate or letters, 
he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a 
term which may extend to three months, or with both. 

297. Payment to executor or administrator before probate or administration revoked.—When a 
grant of probate or letters of administration is revoked, all payments bona fide made to any executor or 
administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a 
legal discharge to the person making the same; and the executor or administrator who has acted under any 
such revoked grant may retain and reimburse himself in respect of any payments made by him which the 
person to whom probate or letters of administration may afterwards be granted might have lawfully made. 

298. Power to refuse letters of administration.—Notwithstanding anything hereinbefore contained, 
it shall, where the deceased' was a Muhammadan, Buddhist or exempted person, or a Hindu, Sikh or Jaina 
to  whom  section  57  does  not  apply,  be  in  the  discretion  of  the  Court  to  make  an  order  refusing,  for 
reasons to be recorded by it in writing, to grant any application for letters of administration made lousier 
this Act. 

299. Appeals from orders of District Judge.—Every order made by a District Judge by virtue of the 
powers hereby conferred upon him shall be subject to appeal to the High. Court in accordance with the 
provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals. 

300.  Concurrent  jurisdiction  of  High  Court.—(1)  The  High  Court  shall  have  concurrent 
jurisdiction  with  the  District Judge in the  exercise  of  all  the  powers  hereby  conferred  upon the  District 
Judge. 

(2)  Except  in  cases  to  which  section  57  applies,  no  High  Court,  in  exercise  of  the  concurrent 
jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and 
Bombay  1 ***  shall,  where  the  deceased  is  a  Hindu,  Muhammadan,  Buddhist,  Sikh  or  Jaina  or  an 
exempted person, receive applications for probate or letters of administration until the State Government 
has by a notification in the Official Gazette, authorised it so to do. 

301. Removal of executor or administrator and provision for successor.—The High Court may, 
on application made to it, suspend, remove or discharge any private executor or administrator and provide 
for the succession of another person to the office of any' such executor or administrator who may cease to 
hold office, and the vesting in such successor of any property belonging to the estate. 

302.  Directions  to  executor  or  administrator.—Where  probate  or  letters  of  administration  in 
respect of any estate has or have been granted under this Act, the High Court may, on application made to 
it,  give  to  the  executor  or  administrator  any  general  or  special  directions  in  regard  to  the  estate  or  in 
regard to the administration thereof. 

1. The words “and the province of Burma” omitted by the A.O. 1937. 

79 

                                                      
CHAPTER V.—Of Executors of their own Wrong 

303.  Executor  of  his  own  wrong.—A person who intermeddles with the estate of the deceased or 
does  any  other  act  which  belongs  to  the  office  of  executor,  while  there  is  no  rightful  executor  or 
administrator in existence, thereby makes himself an executor of his own wrong. 

Exceptions.—(1) Intermeddling with the goods of the deceased for the purpose of preserving them or 
providing  for  his  funeral  or  for  the  immediate  necessities  of  his  family  or  property,  does  not  make  an 
executor of his own wrong. 

(2) Dealing in the ordinary course of business with goods of the deceased received from another does 

not make an executor of his own wrong. 

Illustrations 

(i) A uses or gives away or sells some of the goods of the deceased, or takes them to satisfy his own debt or 

legacy or receives payment of the debts of the deceased. He is an executor of his own wrong. 

(ii)  A,  having  been  appointed  agent  by  the  deceased  in  his  lifetime  to  collect  his  debts  and  sell  his  goods, 
continues to do so after he has become aware of his death. He is an executor of his own wrong in respect of acts 
done after he has become aware of the death of the deceased. 

(iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong. 

304.  Liability  of  executor  of  his  own  wrong.—When  a  person  has  so  acted  as  to  become  an 
executor of his own wrong, he is answerable to the rightful executor or administrator, or to any creditor or 
legatee  of  the  deceased,  to  the  extent  of  the  assets  which  may  have  come  to  his  hands  after  deducting 
payments  made  to  the  rightful  executor  or  administrator,  and  payments  made  in  due  course  of 
administration. 

CHAPTER VI.—Of the Powers of an Executor or Administrator 

305. In respect of causes of action surviving deceased and debts due at death.—An executor or 
administrator has the same power to sue in respect of all causes of action that survive the deceased, and 
may exercise the same power for the recovery of debts as the deceased had when living. 

306.  Demands  and  rights  of  action  of  or  against  deceased  survive  to  and  against  executor  or 
administrator.—All  demands  whatsoever  and  all  rights  to  prosecute  or  defend  any  action  or  special 
proceeding existing in favour of or against a person at the time of his decease, survive to and against his 
executors or administrators; except causes of action for defamation, assault, as defined in the Indian Penal 
Code  (45  of  1860),  or  other  personal  injuries  not causing  the  death  of  the  party;  and  except  also  cases 
where,  after  the  death  of  the  party,  the  relief  sought  could  not  be  enjoyed  or  granting  it  would  be 
nugatory. 

Illustrations 

(i) A collision takes place on a railway in consequence of some neglect or default of an official, and a passenger 
is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. action does not 
survive. 

(ii) A sues for divorce. A dies. The cause of action does not survive to his representative. 

307. Power of executor or administrator to dispose of property.—(1) Subject to the provisions of 
sub-section  (2),  and  executor  or  administrator  has  power  to  dispose  of  the  property  of  the  deceased, 
vested in him under section 211, either wholly or in part, in suchmanner as he may think fit. 

Illustrations 

(i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the 

bequest, sells the subject of it. The sale is valid. 

(ii) The  executor in the exercise of his discretion  mortgages a  part of the immoveable estate of the deceased. 

The mortgage is valid. 

80 

(2) If the deceased was a Hindu, Muhammad an, Buddhist, Sikh or Jaina or an exempted person, the 
general power conferred by sub-section (1) shall be subject to the following restrictions and conditions, 
namely:— 

(i) The power of an executor to dispose of immovable property so vested in him is subject to any 
restriction which may be imposed in this behalf by the Will appointing him, unless probate has been 
granted  to  him  and  the  Court  which  granted  the  probate  permits  him  by  an  order  in  writing, 
notwithstanding  the  restriction,  to  dispose  of  any  immovable  property  specified  in  the  order  in  a 
manner permitted by the order. 

(ii) An administrator may not, without the previous permission of the Court by which the letters 

of administration were granted,— 

(a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property 

for the time being vested in him under section 211, or 

(b) lease any such property for a term exceeding five years. 

(iii) A disposal of property by an executor or administrator in contravention of clause (i) or clause 

(ii), as the case may be, is voidable at the instance of any other person interested in the property. 
(3)  Before  any  probate  or  letters  of  administration  is  or  are  granted  in  such  a  case,  there  shall  be 
endorsed thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii) of sub-section (2) 
or of sub-section (1) and clauses (ii) and (iii) of sub-section (2), as the case may be. 

(4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement 
or annexure required by sub-section (3) not having been made thereon or attached thereto, nor shall the 
absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than 
in accordance with the provisions of this section. 

 308. General powers of administration.—An executor or administrator may, in addition to, and not 

in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure— 

(a)  on  such  acts  as  may  be  necessary  for  the  proper  care  or  management  of  any  property 

belonging to any estate administered by him; and 

(b) with the sanction of the High Court, on such religious, charitable and other objects, and on 

such improvements, as may be reasonable and proper in the case of such property. 

309. Commission or agency charges.—An executor or administrator shall not be entitled to receive 
or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of 
the Administrator-General by or under the Administrator-General’s Act, 1913 (3 of 1913). 

310.  Purchase  by  executor  or  administrator  of  deceased’s  property.—If  any  executor  or 
administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is 
voidable at the instance of any other person interested in the property sold. 

311. Powers of several executors or administrators exercisable by one. —When there are several 
executors  or  administrators,  the  powers  of  all  may,  in  the  absence  of  any  direction  to  the  contrary,  be 
exercised by any one of them who has proved the Will or taken out administration. 

Illustrations 

(i) One of several executors has power to release a debt due to the deceased. 

(ii) One has power to surrender a lease. 

(iii) One has power to sell the property of the deceased whether movable or immovable. 

(iv) One has power to assent to a legacy. 

(v) One has power to endorse a promissory note payable to the deceased. 

(vi) The Will appoints A, B, C and D to be executors, and directs that two of them shall be a quorum. No act can 

be done by a single executor. 

81 

312. Survival of powers on death of one of several executors or administrators.—Upon the death 
of one or more of several executors or administrators, in the absence of any direction to the contrary in 
the will or grant of letters of administration, all the powers of the office become vested in the survivors or 
survivor. 

313.  Powers  of  administrator  of  effects  unadministered.—The  administrator  of  effects 
unadministered  has,  with  respect  to  such  effects,  the  same  powers  as  the  original  executor  or 
administrator. 

314.  Powers  of  administrator  during  minority.—An  administrator  during  minority  has  all  the 

powers of an ordinary administrator: 

315.  Powers  of  married  executrix  or  administratrix.—When  a  grant  of  probate  or  letters  of 
administration  has  been  made  to  a  married  woman,  she  has  all  the  powers  of  an  ordinary  executor  or 
administrator. 

CHAPTER VII.—Of the Duties of an Executor or Administrator 

316. As to deceased’s funeral.—It is the duty of an executor to provide funds for the performance of 
the  necessary  funeral  ceremonies  of  the  deceased  in  a  manner  suitable  to  his  condition,  if  he  has  left 
property sufficient for the purpose. 

317.  Inventory  and  account.—(1)  An  executor  or administrator  shall,  within six  months  from  the 
grant of probate or letters of administration, or within such further time as the Court which granted the 
probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate of. all 
the property in possession, and  all the credits, and also all the debts owing by  any person to which the 
executor or administrator is entitled in that character; and shall in like manner, within one year from the 
grant or within such further time as the said Court may appoint, exhibit an account of the estate, showing 
the assets which have come to his hands and the manner in which they have been applied or disposed of. 

The High Court may prescribe the form in which an inventory or account under this section is to be 

exhibited. 

If  an  executor  or  administrator,  on  being  required  by  the  Court  to  exhibit  an  inventory  or  account 
under  this  section,  intentionally  omits  to  comply  with  the  requisition,  he  shall  be  deemed  to  have 
committed an offence under section 176 of the Indian Penal Code (45 of 1860). 

The exhibition of an intentionally false inventory or account under this section shall be deemed to be 

an offence under section 193 of that Code. 

318. Inventory to include property in any part of India in certain cases.— in all cases where a 

grant has been made of probate or letters of administration intended to have 

effect  throughout 1[India] 2***,  the  executor  or  administrator  shall  include  in  the  inventory  of  the 
effects of the deceased all his moveable and immoveable property situate in '[India], and the value of such 
property  situate  in  each  state  shall  be  separately  stated  in  such  inventory,  and  the  probate  or  letters  of 
administration shall be chargeable with a fee corresponding to the entire amount or value of the property 
affected thereby wheresoever situate within 1[India]. 

319. As to property of, and debts owing to, deceased.—The executor or administrator shall collect, 
with reasonable diligence, the property of the deceased and the debts that were due to him at the time of 
his death. 

320. Expenses to be paid before all debts.—Funeral expenses to a reasonable amount, according to 
the degree and quality of the deceased, and death-bed charges, including fees for medical attendance, and 
board and lodging for one month previous to his death, shall be paid before all debts. 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”. 
2. The words “of India” omitted by Act 48 of 1952, s. 3 and the Second Schedule. 

82 

                                                      
321. Expenses to be paid next after such expenses.—The expenses of obtaining probate or letters of 
administration,  including  the  costs  incurred  for  or  in  respect  of  any  judicialproceedings  that  may  be 
necessary for administering the estate, shall be paid next after the funeral expenses and death-bed charges. 

322. Wages for certain services to be next  paid, and then other debts.—Wages due for services 
rendered  to  the  deceased  within  three  months  next  preceding  his  death  by  any  labourer,  artizan  or 
domestic servant shall next be paid, and then the other debts of the deceased according to their respective 
priorities (if any). 

323. Save as aforesaid, all debts to be paid equally and rateably.—Save as aforesaid, no creditor 
shall have a right of priority over another; but the executor or administrator shall pay all such debts as he 
knows of, including his own, equally and rateably as far as the assets of the deceased will extend. 

324. Application of moveable property to payment of debts where domicile not in India.—(1) If 
the domicile of the deceased was not in 1[India], the application of his moveable property to the payment 
of his debts is to be regulated by the law of 1[India]. 

(2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be 
entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment 
into account for the benefit of the other creditors. 

(3) This section shall not apply where the deceased  was a Hindu, Muhammadan, Buddhist, Sikh or 

Jaina or an exempted person. 

Illustration 

A dies, having his domicile in a country where instruments under seal have priority over instruments not under 
seal leaving moveable property to the value of 5,000 rupees, and immoveable property to the value of 10,000 rupees, 
debts on instruments under seal to the amount of 10,000 rupees, and debts on instruments not under seal to the same 
mount. The creditors holding instruments under seal received half of their debts out of the proceeds of the moveable 
estate. The proceeds of the immoveable estate are to be applied in payment of the debts on instruments not under 
seal  until  one-half  of  such  debts  have  been  discharged.  This  will  leave  5,000  rupees  which  are  to  be  distributed 
rateably amongst all the creditors without distinction, in proportion to the amount which may remain due to them. 

325. Debts to be paid before legacies.—Debts of every description must be paid before any legacy. 

326. Executor or administrator not bound to pay legacies without indemnity.—If the estate of the 
deceased  is  subject  to  any  contingent  liabilities,  an  executor  or  administrator  is  not  bound  to  pay  any 
legacy without a sufficient indemnity to meet the liabilities whenever they may become due. 

327. Abatement of general legacies.—If the assets, after payment of debts, necessary expenses and 
specific  legacies,  are  not  sufficient  to  pay  all  the  general  legacies  in  full,  the  latter  shall  abate  or  be 
diminished  in  equal  proportions,  and,  in  the  absence  of  any  direction  to  the  contrary  in  the  will,  the 
executor has no right to pay one legatee in preference to another, or to retain any money on account of a 
legacy to himself or to any person for whom he is a trustee. 

328.  Non-abatement  of  specific  legacy  when  assets  sufficient  to  pay  debts.—Where  there  is  a 
specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing 
specified must be delivered to the legatee without any abatement. 

329.  Right  under  demonstrative  legacy  when  assets  sufficient  to  pay  debts  and  necessary 
expenses.—Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts 
and  necessary  expenses, the  legatee  has a  preferential  claim  for  payment  of  Isis  legacy  out  of the fund 
from  which  the  legacy  is  directed  to  be  paid  until  such  fund  is  exhausted  and  if,  after  the  fund  is 
exhausted,  part  of  the  legacy  still  remains  unpaid,  he  is  entitled  to  rank  for  the  remainder  against  the 
general assets as for a legacy of the amount of such unpaid remainder. 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule for "the States". 

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330. Rateable abatement of specific legacies.—If the assets are not sufficent to answer the debtsand 
the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective 
amounts. 

Illustration 

A  has  bequeathed  to  B  a  diamond  ring  valued  at  500  rupees,  and  to  C  a  horse,  valued  at  1,000  rupees.  It.  is 
found necessary to sell all the effects of the testator; and his assets, after payment of debts, are only 1,000 rupees. Of 
this sum rupees 333-5-4 are to be paid to B, and rupees 666-10-8 to C. 

331.  Legacies  treated  as  general  for  purpose  of  abatement.—For  the  purpose  of  abatement,  a 
legacy for life, a sum appropriated by the will to produce an annuity, and the value of an annuity when no 
sum has been appropriated to produce it, shall be treated as general legacies. 

CHAPTER VIII.—Ofassent to a legacy by Executor or Administrator 

332.  Assent  necessary  to  complete  legatee’s  title.—The assent of the executor or administrator is 

necessary to complete a legatee's title to his legacy. 

Illustrations 

(i) A by his will bequeaths to B his Government paper which is in deposit with the Imperial Bank of India. The 
Bank has no authority to deliver the securities, nor B a right to take possession of them, without the assent of the 
executor. 

(ii) A by- his will has bequeathed to C his house in Calcutta in the tenancy of B. C is not entitled to receive the 

rents without the assent of the executor or administrator. 

333. Effect of executor’s assent to specific legacy.—(1) The assent of the executor oradministrator 
to a specific bequest shall be sufficient tb divest his interest as executor or administrator therein, and to 
transfer the subject of the bequest of the legatee, unless the nature or the circumstances of the property 
require that it shall be transferred in a particular way. 

(2)  This  assent  may  be  verbal,  and  it  may  be  either  express  or  implied  from  the  conduct  of  the 

executor or administrator. 

Illustrations 

(i)  A  horse  is  bequeathed.  The  executor  requests  the  legatee  to  dispose  of  it,  or  a  third  party  proposes  to 

purchase the horse from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied. 

(ii)  The  interest  of  a  fund  is  directed  by  the  will  to  be  applied  for  the  maintenance  of  the  legatee  during  his 

minority. The executor commences so to apply it. This is an assent to the whole of the bequest. 

(iii) A bequest is made of a fund to A and after him to B. The executor pays the interest of the fund to A. This is 

an implied assent to the bequest to B. 

(iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to 

the legacies may be presumed. 

(v) A person to whom a specific article has been bequeathed takes possession of it and  retains it  without any 

objection on the part of the executor. His assent may be presumed. 

334. Conditional assent.—The assent of an executor or administrator to a legacy may be conditional, 

and if the condition is one which he has a right to enforce, and it is not performed, there is no assent. 

Illustrations 

(i) A bequeaths to B his lands of Sultanpur, which at the date of the will, and at the death of A, were subject to a 
mortgage for 10,000 rupees. The executor assents to the bequest, on condition that B shall within a limited time pay 
the amount due on the mortgage at the testator's death. The amount is not paid. There is no assent. 

(ii) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment 

is not made. The assent is nevertheless valid. 

84 

335. Assent of executor to his own legacy.—(1) When the executor or administrator is a legatee, his 
assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the 
bequest is to another person, and his assent may, in like manner, be expressed or implied. 

(2) Assent shall be implied if in his manner  of administering the property he does any act which is 

referable to his character of legatee and is not referable to his character of executor or administrator. 

Illustration 

An executor takes the rent of a house or the interest of Government securities bequeathed to him and applied it 

to his own use. This is assent. 

336.  Effect  of  executor’s  assent.—The  assent  of  the  executor  or  administrator  to  a  legacy  gives 

effect to it from the death of the testator. 

Illustrations 

(i) A legatee sells his legacy before it is assented to by the executor. The executor’s subsequent assent operates 

for the benefit of the purchaser and completes his title to the legacy. 

(ii) A bequeaths 1,000 rupees to B with interest from his death. The executor does not assent to his legacy until 

the expiration of a year from A's death. B is entitled to interest from the death of A. 

337.  Executor  when  to  deliver  legacies.—An  executor  or  administrator  is  not  bound  to  pay  or 

deliver any legacy until the expiration of one year from the testator’s death. 

Illustration 

A by his will directs his legacies to be paid within six months after his death. The executor is not bound to pay 

them before the expiration of a year. 

CHAPTER IX,—Of the Payment and Apportionment of Annuities 

338. Commencement of annuity when no time fixed by will.—Where an annuity is given by a will 
and  no  time  is  fixed  for  its  commencement,  it  shall  commence  from  the  testator's  death,  and  the  first 
payment shall be made at the expiration of a year next after that event. 

339. When annuity, to be paid quarterly or monthly, first falls due.—Where there is a direction 
that the annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first 
quarter  or  first  month,  as  the  case  may  be,  after  the  testator's  death;  and  shall,  if  the  executor  or 
administrator thinks fit, be paid when due, but the executor or administrator shall not be bound to pay it 
till the end of the year. 

340. Dates of successive payments when first payment directed to be made within a given time 
or on day certain: death of annuitant before date of payment.—(1) Where there is a direction that the 
first payment of an annuity shall be made within one month or any other division of time from the death 
of  the  testator,  or  on  a  day  certain,  the  successive  payments  are  to  be  made  on  the  anniversary  of  the 
earliest day on which the will authorises the first payment to be made. 

(2)  If  the  annuitant  dies  in  the  interval  between  the  times  of  payment,  an  apportioned  share  of  the 

annuity shall be paid to his representative. 

CHAPTER X.—Of the Investment of Funds to Provide for Legacies 

341. Investment of sum bequeathed, where legacy, not specific, given for life.—Where a legacy, 
not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year he invested in 
such securities as the High Court may by any general rule authorise or direct, and the proceeds thereof 
shall be paid to the legatee as the same shall accrue due. 

342. Investment of general legacy, to be paid at future time: disposal of intermediate, interest.—
(1) Where a general legacy is given to be paid at a future time, the executor or administrator shall invest a 
sum sufficient to meet it in securities of the kind mentioned in section 341. 

(2) The intermediate interest shall form part of the residue of the testator’s estate. 

85 

343. Procedure when no fund charged with, or appropriated to, annuity.—Where an annuity is 
given  and  no  fund  is  charged  with  its  payment  or  appropriated  by  the  will  to answer it,  a  Government 
annuity of the specified amount shall be purchased, or, if no such annuity can be obtained, then a sum 
sufficient to produce the annuity shall be invested for that purpose in securities of the kind mentioned in 
section 341. 

344.  Transfer  to  residuary  legatee  of  contingent  bequest.—Where  a  bequest  is  contingent,  the 
executor  or  administrator  is  not  bound  to  invest  the  amount  of  the  legacy,  but  may  transfer  the  whole 
residue of the estate to the residuary legatee, if any, on his giving sufficient security for the payment of 
the legacy, if it shall become due. 

345.  Investment  of  residue  bequeathed  for  life,  without  direction  to  invest  in  particular 
securities.—(1) Where the  testator has bequeathed the residue of his estate to a person for life without 
any direction to invest it in any particular securities, so much thereof as is not at the time of the testator's 
decease  invested  in  securities  of  the  kind  mentioned  in  section  341  shall  be  converted  into  money  and 
invested in such securities. 

(2) This section shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina 

or an exempted person. 

346. Investment of residue bequeathed for life, with direction to invest in specified securities.—
When the testator has bequeathed the residue of his estate of a person for life with a direction that it shall 
be invested in certain specified securities, so much of the estate as is not at the time of his death invested 
in securities of the specified kind shall be converted into money and invested in such securities. 

347.  Time  and  manner  of  conversion  and  investment.—Such  conversion  and  investment  as  are 
contemplated by sections 345 and 346 shall be made at such times and in such manner as the executor or 
administrator thinks fit; and, until such conversion and investment are completed, the person who would 
be for the time being entitled to the income of the fund when so invested shall receive interest at the rate 
of 4 per cent. per annum upon the market-value (to be computed as at the date of the testator's death) of 
such part of the fund as has not been so invested: 

Provided  that  the rate of  interest  prior  to  completion  of  investment  shall be  six  per  cent.per  annum 

when the testator was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person 

348.  Procedure  where  minor  entitled  to  immediate  payment  or  possession  of  bequest,  and  no 
direction to pay to person on his behalf.—(1) Where, by the terms of a bequest, the legatee is entitled to 
the immediate payment or possession of the money or thing bequeathed, but is a minor, and there is no 
direction in the will to pay it to any person on his behalf, the executor or administrator shall pay or deliver 
the same into the Court of the District Judge, by whom or by whose District Delegate the probate was, or 
letters  of  administration  with  the  will  annexed  were,  granted  to  the  account  of  the  legatee,  unless  the 
legatee is a ward of the Court of Wards. 

(2) If the legatee is a ward of the Court of Wards, the legacy shall be paid to the Court of Wards to his 

account. 

(3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be, 

shall be a sufficient discharge for the money so paid. 

(4) Money when paid in under this section shall be invested in the purchase of Government securities, 
which, with the interest thereon, shall be transferred or paid to the person entitled thereto, or otherwise 
applied for his benefit, as the Judge or the Court of Wards, as the case may be, may direct. 

CHAPTER XL.—Of the Produce and Interest of Legacies 

349. Legatee’s title to produce of specific legacy.—The legatee of a specific legacy is entitled to the 

clear produce thereof. if any, from the testator's death. 

Exception.—A specific bequest, contingent in its terms, does not comprise the produce of the legacy 
between the death of the testator and the vesting of the legacy. The clear produce of it forms part of the 
residue of the testator's estate. 

86 

Illustrations 

(i) A bequeaths his flock of sheep to B. Between the death of A and delivery by his executor the sheep are shorn 

or some of the ewes produce lambs. The wool and lambs are the property of B. 

(ii)  A  bequeaths  his  Government  securities  to  B,  but  postpones  the  delivery  of  them  till  the  death  of  C.  The 
interest which falls due between the death of A and the death of C belongs to B, and must, unless he is a minor, be 
paid to him as it is received. 

(iii) The testator bequeaths all his four per cent. Government promissory notes to A when he shall complete the 
age of 18. A, if he completes that age, is entitled to receive the notes, but the interest which accrues in respect of 
them between the testator's death and A’s completing 18, form part of the residue. 

350. Residuary legatee’s title to produce of residuary fund.—The legatee under a generalresiduary 

bequest is entitled to the produce of the residuary fund from the testator’s death. 

Exception.—A general residuary bequest contingent in its terms does not comprise the income which 
may  accrue  upon  the  fund  bequeathed  between  the  death  of  the  testator  and  the  vesting  of  the  legacy. 
Such income goes as undisposed of. 

Illustrations 

(i) The testator bequeaths the residue of his property to A, a minor, to be paid to him when he shall complete the 

age of 18. The income from the testator's death belongs to A. 

(ii)  The  testator  bequeaths  the  residue  of  his  property  to  A  when  he  shall  complete  the  age  of  18.  A,  if  he 
completes  that  age,  is  entitled  to  receive  the  residue.  The  income  which  has  accrued  in  respect  of  it  since  the 
testator's death goes as undisposed of. 

351. Interest when no time fixed for payment of general legacy.—Where no time has been fixed 
for the payment of a general legacy, interest begins to run from expiration of one year from the testator's 
death. 

Exception.—(1) Where the legacy is bequeathed in satisfaction of a debt, interest runs from the death 

of the testator. 

(2) Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the 

place of a parent of the legatee, the legacy shall bear interest from the death of the testator. 

(3)  Where  a  sum  is  bequeathed  to  a  minor  with  a  direction  to  pay  for  his  maintenance  out  of  it, 

interest is payable from the death of the testator. 

352. Interest when time fixed.—Where a time has been fixed for the payment of a general legacy, 
interest begins to run from the time so fixed. The interest up to such time forms part of the residue of the 
testator's estate. 

Exception.—Where  the  testator  was  a  parent  or  a  more  remote  ancestor  of  the  legatee,  or  has  put 
himself in the  place of a  parent  of the legatee  and  the  legatee is a  minor, the  legacy  shall bear  interest 
from the death of the testator, unless a specific sum is given by the will for maintenance, or unless the 
will contains a direction to the contrary. 

353. Rate of interest.—The rate of interest shall be four per cent. per annum in all cases except when 
the testator was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, in which case it 
shall be six per cent. per annum. 

354.  No  interest  on  arrears  of  annuity  within  first  year  after  testator's  death.—No  interest  is 
payable on the arrears of an annuity within the first year from the death of the testator, although a period 
earlier than the expiration of that year may have been fixed by will for making the first payment of the 
annuity. 

355.  Interest  on  sum  to  be  invested  produce  annuity.—Where a sum of money is directed to be 

invested to produce an annuity, interest is payable on it from the death of the testator. 

CHAPTER XII.—Of the Refunding of Legacies 

356. Refund of legacy paid under Court’s orders.—When an executor or administrator has paid a 
legacy under the order of a Court, he is entitled to call upon the legatee to refund in the event of the assets 
proving insufficient to pay all the legacies. 

87 

357.  No  refund  if  paid  voluntarily.—When  an  executor  or  administrator  has  voluntarily  paid  a 
legacy, he cannot call upon a legatee to refund in the event of the assets proving insufficient to pay all the 
legacies. 

358.  Refund  when  legacy  has  become  due  on  performance  of  condition  within  further  time 
allowed  under  section  137.—When the time prescribed by the will for the performance of a condition 
has  elapsed,  without  the  condition  having  been  performed,  and  the  executor  or  administrator  has 
thereupon,  without  fraud,  distributed  the  assets;  in  such  case,  if  further  time  has  been  allowed  under 
section 137 for the performance of the condition, and the condition has been performed accordingly, the 
legacy cannot be claimed from the executor or administrator, but those to whom he has paid it are liable 
to refund the amount. 

359.  When  each  legatee  compellable  to  refund  in  proportion.—When  the  executor  or 
administrator  has  paid  away  the  assets  in  legacies,  and  he  is  afterwards  obliged  to  discharge  a  debt  of 
which he had no previous notice, he is entitled to call upon each legatee to refund in proportion. 

360. Distribution of assets.—Where an executor or administrator has given such notices as the High 
Court may, by any general rule, prescribe or, if no such rule has been made, as the High Court would give 
in  an  administration-suit,  for  creditors  and  others  to  sent  in  to  him  their  claims  against  the  state  of  the 
deceased,  he  shall,  at  the  expiration  of  the  time  therein  named  for  sending  in  claims,  be  at  liberty  to 
distribute the assets, or any part thereof, in discharge of such lawful claims as he knows of, and shall not 
be liable for the assets so distributed to any person of whose claim he shall not have had notice at the time 
of such distribution: 

Provided that nothing herein contained shall prejudice the right of any creditor or claimant to follow 

the assets, or any part thereof, in the hands of the persons who may have received the same respectively. 

361. Creditor may call upon legatee to refund.—A creditor who has not received payment of his 
debt may call upon a legatee who has received paymeni of his legacy to refund, whether the assets of the 
testator's estate were or were not sufficient at the time of his death to pay both debts and legacies; and 
whether the payment of the legacy by the executor or administrator was voluntary or not. 

362.  When  legatee,  not  satisfied  or  compelled  to  refund  under  section  361,  cannot  oblige  one 
paid in full to refund.—If the assets were sufficient to satisfy all the legacies at the time of the testator's 
death, a legatee who has not received payment of his legacy, or who has been compelled to refund under 
section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid 
to him with or without suit, although the assets have subsequently become deficient by the wasting of the 
executor. 

363. When unsatisfied legatee must first proceed against executor, if solvent.—If the assets were 
not sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received 
payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the 
executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to 
pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion. 

364. Limit to refunding of one legatee to another.—The refunding of one legatee to another shall 
not  exceed  the  sum  by  which  the  satisfied  legacy  ought  to  have  been  reduced  if  the  estate  had  been 
properly administered. 

Illustration 

A has bequeathed 240 rupees, to B, 480 rupees to C, and 720 rupees to D. The assets are only 1,200 rupees and, 
if properly administered, would give 200 rupees to B, 400 rupees to C and 600 rupees to D. C and D have been paid 
their legacies in full leaving nothing to B. B can oblige C to refund 80 rupees, and D to refund 120 rupees. 

88 

365. Refunding to be without interest.—The refunding shall in all cases be without interest. 

366. Residue after usual payments to be paid to residuary legatee.—The surplus or residue of the 
deceased's property, after payment of debts and legacies, shall be paid to the residuary legatee when any 
has been appointed by the will. 

367.  Transfer  of  assets  from  India  to  executor  or  administrator  in  country  of  domicile  for 
distribution.—Where  a  person  not  having  his  domicile  in 1[India]  has  died  leaving  assets  both  in  if 
1[India]  and  in  the  country  in  which  he  had his  domicile  at the  time  of  his  death,  and  there  has  been a 
grant  of  probate  or  letters  of  administration  in  1[India]  with  respect  to  the  assets  there  a  grant  of 
administration  in  the  country  of  domicile  with  respect  to  the  assets  in  that  country,  the  executor  or 
administrator, as the case may be, in 1[India], after having given such notices as are mentioned in section 
360, and after having discharged, at the expiration of the time therein named, such lawful claims as he 
knows  of,  may,  instead  of  himself  distributing  any  surplus  or  residue  of  the  deceased’s  property  to 
persons  residing  out  of  1[India]  who  are  entitled  thereto,  transfer,  with  the  consent  of  the  executor  or 
administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution 
to those persons. 

CHAPTER XIII.—Of the Liability of an Executor or Administrator for Devastation 

368. Liability of executor or administrator for devastation.—When an executor or administrator 
misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or 
damage so occasioned. 

Illustrations 

(i)  The executor pays out of the estate an unfounded claim. He is liable to make good the loss. 

(ii) The  deceased  had  a  valuable  lease  renewable  by  notice  which  the  executor  neglects  to  give  at  the  proper 

time. The executor is liable to make good the loss. 

(iii) The deceased had a lease of less value than the rent payable for it, but terminable on notice at a particular 

time. The executor neglects to give the notice. He is liable to make good the loss. 

369.  Liability  of  executor  or  administrator  for  neglect  to  get  any  part  of  property.—When an 
executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of 
the deceased, he is liable to make good the amount. 

Illustrations 

(i)  The  executor  absolutely  releases  a  debt  due  to  the  deceased  from  a  solvent  person,  or  compounds  with  a 

debtor who is able to pay in full. The executor is liable to make good the amount. 

(ii) The executor neglects to sue for a debt till the debtor is able  to plead that the claim is barred by limitation 

and the debt is thereby lost to the estate. The executor is liable to make good the amount. 

PART X 

SUCCESSION CERTIFICATES 

370. Restriction on grant of certificates under this part.—(1) A succession certificate (hereinafter 
in  this  Part  referred  to  as  a  certificate)  shall  not  be  granted  under  this  Part  with  respect  to  any  debt  or 
security  to  which  a  right  is  required  by  section  212  or  section  213  to  be  established  by  letters  of 
administration or probate: 

Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to 
any  person  claiming  to  be  entitled to  the  effects  of  a deceased  Indian  Christian, or  to  any  part thereof, 
with  respect  to  any  debt  or  security,  by  reason  that  a  right  thereto  can  be  established  by  letters  of 
administration under this Act. 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”. 

89 

                                                      
(2) For the purposes of this Part, “security” means— 

(a)  any  promissory  note,  debenture,  stock  or  other  security  of  the  Central  Government  or  of  a 

State Government; 

(b) any bond, debenture, or annuity charged by Act of Parliament 1[of the United Kingdom] on 

the revenues of India; 

(c)  any stock or debenture of, or share in, a company or other incorporated institution; 

(d) any debenture or other security for money issued by, or on behalf of, a local authority; 

(e) any other security which the2[State Government] may, by notification in the Official Gazette, 

declare to be a security for the purposes of this Part. 

371. Court having jurisdiction to grant certificate.—The District Judge within whose jurisdiction 
the  deceased  ordinarily  resided  at  the  time  of  his  death,  or,  if  at  that  time  he  had  no  fixed  place  of 
residence, the District Judge, within whose jurisdiction any part of the property of the deceased may  be 
found, may grant a certificate under this Part. 

 372. Application for certificate.—(1) Application for such a certificate shall be made to the District 
Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by  the 
Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a 
plaintiff, and setting forth the following particulars, namely:— 

(a) the time of the death of the deceased; 

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not 
within  the  local  limits  of  the  jurisdiction  of  the  Judge  to  whom  the  application  is  made,  then  the 
property of the deceased within those limits; 

(c) the family or other near relatives of the deceased and their respective residences; 

(d) the right in which the petitioner claims; 

(e) the absence of any impediment under section 370 or under any other provision of this Act or 

any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and 

(f) the debts and securities in respect of which the certificate is applied for. 

(2) If the petition contains any averment which the person verifying it knows or believes to be false, 
or does not believe to be true, that person shall be deemed to have committed an offence under section 
198 of the Indian Penal Code, 1860 (45 of 1860). 

3[(3)  Application  for  such  a  certificate  may  be  made  in  respect  of  any  debt  or  debts  due  to  the 

deceased creditor or in respect of portions thereof.] 

373.  Procedure  on  application.—(1)  If  the  District  Judge  is  satisfied  that  there  is  ground  for 
entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application 
and of the day fixed for the hearing— 

(a)  to  be  served  on  any  person  to  whom,  in  the  opinion  of  the  Judge,  special  notice  of  the 

application should be given, and 

(b) to be posted on some conspicuous part of the court-house and published in such other manner, 

if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, 

and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary 
manner the right to the certificate. 

1. Ins. by the A. O. 1950. 
2. The words “G.G. in C”have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above. 
3. Added by Act 14 of 1928, s. 2. 

90 

                                                      
(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order 

for the grant of the certificate to him. 

(3) If the Judge cannot decide the right to the certificate without determining questions of law or fact 
which  seem  to  be  too  intricate  and  difficult  for  determination  in  a  summary  proceeding,  he  may 
nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best 
title thereto. 

(4) When there are more applicants than one for a certificate, and it appears to the Judge that more 
than  one  of  such  applicants  are  interested  in  the  estate  of  the  deceased,  the  Judge  may,  in  deciding  to 
whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects 
of the applicants. 

374.  Contents  of  certificate.—When the District Judge grants a certificate, he shall therein specify 
the  debts  and  securities  set  forth  in  the  application  for  the  certificate,  and  may  thereby  empower  the 
person to whom the certificate is granted— 

(a) to receive interest or dividends on, or 

(b) to negotiate or transfer, or 

(c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of 

them. 

 375.  Requisition of security from grantee of certificate.—(1) The District Judge shall in any case 
in which he proposes to proceed under sub-section (3) or sub-section (4) of section 373, and may, in any 
other case, require, as a condition precedent to the granting of a certificate, that the person to whom  he 
proposes to make the grant shall give to the Judge a bond with one or more surety or sureties, or other 
sufficient security, for rendering an account of debts and securities received by him and for indemnity of 
persons who may be entitled to the whole or any part of those debts and securities. 

(2)  The  Judge  may,  on  application  made  by  petitioner  and  on  cause  shown  to  his  satisfaction,  and 
upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as 
he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be 
entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of 
the  Court,  and  to  recover,  as  trustee  for  all  persons  interested,  such  amount  as  may  be  recoverable 
thereunder. 

 376.  Extension  of  certificate.—(1)  A  District  Judge  may,  on  the  application  of  the  holder  of  a 
certificate  under  this  Part, extend the certificate  to  any  debt  or security  not  originally  specified  therein, 
and every such extension shall have the same effect as if the debt or security to which the certificate is 
extended had been originally specified therein. 

(2) Upon the extension of a certificate, powers with respect to the receiving of interest  or dividends 
on,  or  the  negotiation  or  transfer  of,  any  security  to  which  the  certificate  has  been  extended  may  be 
conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be 
required, in the same manner as upon the original grant of a certificate. 

377. Forms of certificate and extended certificate.—Certificates shall be granted and extensions of 

certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII. 

378. Amendment of certificate in respect of powers as to securities.—Where a District Judge has 
not conferred on the holder of a certificate any power with respect to a security specified in the certificate, 
or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security the 
Judge  may,  on  application  made  by  petitioner  and  on  cause  shown  to  his  satisfaction,  amend  the 
certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any 
other of those powers. 

379. Mode of collecting court-fees on certificates.—(1) Every application for a certificate or for the 
extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the 
Court-Fees Act, 1870 (7 of 1870), in respect of the certificate or extension applied for. 

91 

(2)  If  the  application  is  allowed,  the  sum  deposited  by  the  applicant  shall  be  expended,  under  the 

direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid. 

(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded 

to the person who deposited it. 

380.  Local 

extent  of 

throughout 1[India] 2***. 

certificate.—A certificate  under 

this  Part 

shall  have  effect 

3 [This  section  shall  apply  in 3[India]  4 after  the  separation  of  Burma  and  Aden  from  India  to 
certificates granted in Burma and Aden before the date of the separation, or after that date in proceedings 
which were pending at that date.] 

5[It shall also apply in 3[India] 6***7after the separation of Pakistan from India to certificates granted 
before  the  date  of  the  separation,  or  after  that  date  in  proceedings  pending  at  that  date  in  any  of  the 
territories which on that date constituted Pakistan.] 

381. Effect of certificate.—Subject to the provisions of this Part, the certificate of the District Judge 
shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing 
such  debts  or  liable  on  such  securities,  and  shall,  notwithstanding  any  contravention  of  section  370,  or 
other defect, afford full indemnity to all such persons as regards all payments made, or dealings had, in 
good faith in respect of such debts or securities to or with the person to whom the certificate was granted. 

8[382. Effect of certificate granted or extended by Indian representative in Foreign State and in 
certain  other  cases.—Where a  certificate  in  the  form,  as  nearly  as  circumstances  admit,  of  Schedule 
VIII— 

(a) has been granted to a resident within a foreign State by an Indian representative accredited to 

that State, or 

(b) has been granted before the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), 
to a resident within any Part B State by a district judge of that State or has been extended by him in 
such form, or 

(c) has been granted after the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), 
to a resident within the State of Jammu and Kashmir by the district judge of that State or has been 
extended by him in such form, the certificate shall, when stamped in accordance with the provisions 
of the Court-Fees Act, 1870 (7 of 1870), with respect to certificates under this Part, have the same 
effect in India as a certificate granted or extended under this Part.] 

383. Revocation of certificate.—A certificate granted under this Part may be revoked for any of the 

following causes, namely:— 

(a) that the proceedings to obtain the certificate were defective in substance; 

(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the 

concealment from the Court of something material to the case; 

1. Subs.by Act 3 of 1951,s. 3 and the Schedule, for “the States”. 

2. The words “of India” omitted by the A.O. 1950. 

3. Ins. by the A.O. 1937. 

4. 1st April, 1937. 

5.  Added by the A.O. 1948. 

6. The words “of India” omitted by Act 48 of 1952,s. 3 and Schedule II. 

7. 15th August, 1947. 
8.  Subs. by Act 1957, s. 2 for s. 382. 

92 

                                                      
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of 

law to justify the grant thereof, though such allegation was made in ignorance or inadvertently; 

(d) that the certificate has become useless and inoperative through circumstances; 

(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to 
effects comprising debts or securities specified in the certificate renders it proper that the certificate 
should be revoked. 

384.  Appeal.—(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court 
from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High 
Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be 
granted and direct the District judge, on application being made therefore, to grant it accordingly, in super 
session of the certificate, if any, already granted. 

(2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the 

Code of Civil Procedure, 1908 (5 of1908). 

(3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by 
the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied 
by section 141 of that Code, an order of a District Judge under this Part shall be final. 

385. Effect on certificate of previous certificate, probate or letters of administration.—Save as 
provided by this Act, a certificate granted thereunder in respect of any of the effects of a deceased person 
shall  be  invalid  if  there  has  been  a  previous  grant  of  such  a  certificate  or  of  probate  or  letters  of 
administration in respect of the estate of the deceased person and if such previous grant is in force. 

386.  Validation  of  certain  payments  made  in  good  faith  to  holder  of  invalid  certificate.—
Where a certificate under this Part has been superseded or is invalid by reason of the certificate having 
been revoked under section 383,or by reason of the grant of a certificate to a person named in an appellate 
order  under  section  384,  or  by  reason  of  a  certificate  having  been  previously  granted,  or  for  any  other 
cause, all payments made or dealings had, as regards debts and securities specified in the superseded or 
invalid certificate, to or with the holder of that certificate in ignorance of its super session or invalidity, 
shall be held good against claims under any other certificate. 

 387.  Effect  of  decisions  under  this  Act,  and  liability  of  holder  of  certificate  thereunder.—
No decision under this Part upon any question of right between any parties shall be held to bar the trial of 
the same question in any suit or in any other proceeding between the same parties, and nothing in this Part 
shall be construed to affect the liability of any person who may receive the whole or any part of any debt 
or security, or any interest or dividend on any security, to account therefore to the person lawfully entitled 
thereto. 

 388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.—
(1) The State Government may by notification in the Official Gazette, invest any court inferior in grade to 
a District Judge with power to exercise the functions of a District Judge under this Part. 

(2)  Any  inferior  court  so  invested  shall,  within  the  local  limits  of  its  jurisdiction,  have  concurrent 
jurisdiction  with  the  District  Judge  in  the  exercise  of  all  the  powers  conferred  by  this  Part  upon  the 
District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior 
court as if it were a District Judge: 

Provided that an appeal from any such order of an inferior court as is mentioned in sub-section (1) of 
section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he 
thinks  fit,  by  his  order  on  the  appeal,  make  any  such  declaration  and  direction  as  that  sub-section 
authorises the High Court to make by its order on an appeal from an order of a District Judge. 

93 

(3)  An  order  of  a  District  Judge  on  an  appeal  from  an  order  of  an  inferior  Court  under  the  last 
foregoing  sub-section  shall,  subject to the  provisions as to reference  to  and  revision  by  the  High  Court 
and  as  to  review  of  judgment  of  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  as  applied  by section 
141 of that Code, be final. 

(4) The District Judge may withdraw any proceedings under this Part from an inferior court, and may 
either himself dispose of them or transfer them to another such court established within the local limits of 
the jurisdiction of the District Judge and having authority to dispose of the proceedings. 

(5) A notification under sub-section (1) may specify any inferior court specially or any class of such 

courts in any local area. 

(6) Any Civil Court which for any of the purposes of any enactment is subordinate to, or subject to 
the control of, a District Judge shall, for the purposes of this section, be deemed to be a court inferior in 
grade to a District Judge. 

Karnataka 

STATE AMENDMENT 

Amendment  of  Central  Act  39  of  1925.—In  the  Indian  Succession  Act,  1925  (Central  Act  39  of 

1925) as in force in the State of Karnataka, section 388 shall be omitted. 

[Vide Karnataka Act 28 of 1978, s. 4]. 
389. Surrender of superseded and invalid certificates.—(1) When a certificate under this Part has 
been superseded or is invalid from any of the causes mentioned in section 386, the holder thereof shall, on 
the requisition of the Court which granted it, deliver it upto that court. 

(2) If he willfully and without reasonable cause omits so to deliver it up, he shall be punishable with 
fine  which  may  extend  to  one  thousand  rupees,  or  with  imprisonment  for  a  term  which  may  extend  to 
three months or with both. 

390.  Provisions  with  respect  to  certificates  under  Bombay  Regulation  VIII  of  1827.—
Notwithstanding anything  in  Bombay  Regulation  No.  VIII  of  1827  the  provisions  of  section  370,  sub-
section (2), section 372, sub-section (1), clause (f), and sections 374, 375, 376, 377, 378, 379, 381, 383, 
384,  387,  388  and  389  with  respect  to  certificates  under  this  Part  and  applications  therefore,  and  of 
section  317  with respect  to  the  exhibition  of inventories  and  accounts  by  executors  and  administrators, 
shall,  so  far  as  they  can  be  made  applicable,  apply,  respectively,  to  certificates  granted  under  that 
Regulation and applications made for certificates thereunder, after the 1st day of May, 1889 and to the 
exhibition of inventories and accounts by the holders of such certificates so granted. 

PART XI 
MISCELLANEOUS 

391 Saving.—Nothing in Part VIII, Part IX or Part X shall— 

(i) validate any testamentary disposition which would otherwise have been invalid; 
(ii) invalidate any such disposition which would otherwise have been valid; 

(iii)  deprive  any  person  of  any  right  of  maintenance  to  which  he  would  otherwise  have  been 

entitled; or 

(iv) affect the Administrator General’s Act, 1913(3 of 1913). 

 392. [Repealed.].—Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.

94 

SCHEDULE I 

(See section 28) 

TABLE OF CONSANGUINITY 

Great 
Grandfather’s 
Father. 

4 

Great 
Grandfather. 

Great Great 
Uncle. 

3 

5 

Grandfather. 

2 

Great 
Uncle. 

Father 

Uncle. 

Great Uncle’s son. 

1 

THE PERSON 
WHOSE 
RELATIVES 
ARE TO BE 
RECKONED. 

1 

Son . 

1 

Grandson. 

2 

Great 
Grandson. 

Brother. 

Cousin-german. 

Second Cousin. 

Nephew. 

Son of the 
Cousin-german. 

Son of the 
Nephew or 
Brother’s 
Grandson. 

Grandson of 
the Cousin-
german. 

95 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1[SCHEDULE II 

PART I 

(See section 54) 

(1) Father and mother. 

(2)Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as 

shall have predeceased the intestate. 

(3) Paternal and maternal grandparents. 

(4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have 

predeceased the intestate. 

(5) Paternal and maternal grandparents’ parents. 

(6) Paternal and maternal grandparents’ parents’ children and the lineal descendants of such of them 

as have predeceased the intestate. 

PART II 

(See section 55) 

(1) Father and mother. 

(2) Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as 

shall have predeceased the intestate. 

(3) Paternal and maternal grandparents. 

(4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have 

predeceased the intestate. 

(5) Paternal and maternal grandparents’ parents. 
(6) Paternal and maternal 2[grandparent’s parents children] and the lineal descendants of such of them 

as have predeceased the intestate. 

(7)  Half  brothers  and  sisters  and  the  lineal  descendants  of  such  of  them  as  have  predeceased  the 

intestate. 

(8) Widows of brothers or half brothers and widowers of sisters or half sisters. 

(9) Paternal or maternal grandparents children’s widows or widowers. 

(10) Widows or widowers of deceased lineal descendants of the intestate who have not married again 

before the death of the intestate.] 

SCHEDULE III 
[See section 57] 
PROVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS DESCRIBED IN SECTION57 

Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 
90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 3[117], 
119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 
140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 
161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 
182, 183, 184, 185, 186, 187, 188, 189 and 190. 

1. Subs. by Act 51 of 1991, s. 7 for the second Schedule. 
2. Subs. by Act 30 of 2001, s. 3 and the Second Schedule, for “grandparents’ children” (w.e.f. 3-9-2001). 
3. Ins by Act 21 of 1929, s. 14. 

96 

                                                      
Restrictions and modifications in application of foregoing sections 

1. Nothing therein contained shall authorise a testator to bequeath property which he could not have 
alienated  inter  vivos,  or  to  deprive  any  persons  of  any  right  of  maintenance  of  which,  but  for  the 
application of these sections, he could not deprive them, by will. 

2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property 

any interest which he could not have created before the first day of September, 1870. 

3. Nothing therein contained shall affect any law of adoption or intestate succession, 

4. In applying section 70, the words “than by marriage or” shall be omitted. 

5. In applying any of the following sections, namely, sections seventy-five, seventy-six, one hundred 
and  five,  one  hundred  and  nine,  one  hundred  and  eleven,  one  hundred  and  twelve,  one  hundred  and 
thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred and sixteen to such wills 
and  codicils,  the  words  “son”,  “sons”,  “child”,  and  “children”  shall  be  deemed  to  include  an  adopted 
child; and the word “grand-children” shall be deemed to include the children, whether adopted or natural-
born, of a child whether adopted or natural-born; and the expression "daughter-in-law" shall be deemed to 
include the wife of an adopted son. 

97 

SCHEDULE IV  
[See section 274(2)] 
FORM OF CERTIFICATE 

I, A. B., Registrar (or as the case may be) of the High Court of Judicature at(or as the case may be) 
(or  as the  case  may  be) 
hereby certify that on the 
granted probate of the will (or letters of administration ofthe estate) of C.D., late of 
,  decreased,  to 
E.F. of  and  G.H.  of,  andthat  such  probate  (or  letters)  has  (or  have)  effect  over  all  the  property  of  the 
deceased throughout 1[India] 2***. 

day of, the HighCourt  of 

Judicatureat 

SCHEDULE V  
[See section 284(4)]  
FORM OF CAVEAT 

Let nothing be done in the matter of, the estate of A. B., late of 

,  deceased,  whodied  on 

the

day of  at 

, without notice to C.D.of 

SCHEDULE VI 

(Seesection 289) 

FORM OF PROBATE 

I, Judge of the District of 

[or Delegate appointed for granting probate orletters of administration in 
the 
(here insert the limits of the Delegate’s jurisdiction)], hereby make knownthat on the 
year 
, the last will of , late of , a copy whereof ishereunto annexed, was proved and registered before 
me, and that administration of the property andcredits of the said deceased, and in any way concerning his 
will was granted to 
      , the executor inthe said will named, he having undertaken to administer the 
same, and to make a full and true inventory of the said property and credits and exhibit the same in this 
Court within six months from the date of this  grant or within such further time as the Court may, from 
time  to  time,  appoint,  and  also  to  render  to  this  Court  a  true  account  of  the  said  property  and  credits 
within  one  year  from  the  same  date,  or  within  such  further  time  as  the  Court  may,  from  time  to  time, 
appoint. 

day of  in 

SCHEDULE VII 

(See section 290) 

FORM OF LETTERS OF ADMINISTRATION 

the 

(here 

insert 

I,                                 Judge of the District of 

[or  Delegate  appointed  for  granting  probate 
orletters of administration in 
jurisdiction)],  hereby 
makeknown that on the  day of  letters  of  administration  (with  or  without  the  will  annexed,  as  thecase 
,  thefather  (or  as  the 
may be), of the property and credits of 
case may be) of the deceased, he having undertaken to administer the same and to make a full and true 
inventory of the said property and credits and exhibit the same in this Court, within six months from the 
date of this grant or within such further time as the Court may, from time to time, appoint, and also to 
render to this Court a true account of the said property and credits within one year from the same date, or 
within such further time as the Court may, from time to time, appoint. 

, late of ,deceased, were granted to 

the  Delegate’s 

limits  of 

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”. 
2. The words “of India” omitted by the A.O. 1950. 

98 

 
 
 
 
                                                      
SCHEDULE VIII 

(See section 377) 

FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE 

In the Court of 

To A. B. 

Whereas you applied on the 

day of  for a certificate under Part X of the IndianSuccession 

Act, 1925, in respect of the following debts and securities, namely:—  

Serial 
Number 

1[Name] of 
debtor 

DESCRIPTION 
Serial 
Number 

Distinguishing 
number or letter of 
security 

Debts 

Amount of debt, 
including interest, on date 
of application for certificate 

Securities 

Description and date of  
instrument, if any, by  
which the debt is secured 

Name, title or class of security  Amount or par value of 

security 

Market-value of security 
on date of application for 
certificate 

This certificate is accordingly granted to you and empowers you to collect those debts [and] [to receive][interest] 

[dividends] [on] [to negotiate] [to transfer] [those securities]. 

Dated this 

day of 

District Judge 

On the application of A. B. made to me on the 

       day of 

, 

I 

hereby 

extend 

this 

In the Court of 

certificateto the following debts and securities, namely:— 
Debts 

Serial Number 

Name of debtor 

Amount of debt, including interest, on 
date of application for extension 

Description and date of 
instrument, if any, by which the 
debt is secured 

Securities 

DESCRIPTION 

Serial Number  Distinguishing 

number or letter of 
security 

Name, title or class of 
security 

Amount or par value 
of security 

Market-value of 
security on date of 
application for 
extension 

This extension empowers A. B. to collect those debts [and] [to receive] [interest] [dividends] [on] [tonegotiate] 

[to transfer] [those securities]. 

Dated this 

day of 

District Judge. 

SCHEDULE IX.—[Enactments repealed.]. Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and the  

Schedule. 

1. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “Number”. 

99 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
